Can my husband sue me for spousal support?

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I have been receiving spousal support from my husband. recently, he underwent surgery, is off on Workmans Comp, and is trying to sue me for spousal support since my income is now higher. Can he do this? We are from Pennsylvania.

Attorney Answer

1
David Axinn ·
In theory, either spouse, Husband or Wife, can sue the other for spousal support. In order to succeed, he would have to show two things: 1. That he is entitled to support. A court could deny support to an individual based on serious marital misconduct, or desertion. and 2. That he is in need, and you have the ability to pay. Usually, the court looks at the after-tax income of both spouses. Workers' Comp. is not taxable, which means that even though his income probably has decreased, his after tax income may or may not have changed. To know whether support would be ordered, we would have to know the amount of both his and your after tax income. Disclaimer: This is intended to be an informal discussion only, not legal advice.
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