Does A One-Time, Lump Sum Pension Payment Impact Child Support?

Albany divorce lawyer Asa NeffQuestion:

I pay child support, owe arrears, and recently was offered a one-time lump sum payment from a pension I held at a previous job.

Will this payment affect my child support obligation or the amount of arrears owed? I was never married to the child’s mother so I assume she would have no other claim to this payment.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

Generally, child support is determined by salary and not by assets. If you are receiving a lump sum it will not effect the payment amount of child support.

When child support arrears are assessed and the collection unit begins collecting on arrears in addition to the set amount, then that amount is not likely to change. When the pension buyout is provided it is not typically through normal payroll but some other method and arrears will not be withheld.

However, you could elect to unilaterally pay off the arrears from the payment received. Such payment must be made directly to the support collection unit.

The only penalty associated with arrears is the interest, which can be substantial, and is another reason you may want to pay it off as soon as you can.

All in all, the mother will not be entitled to any of the payout so long as you were not married when the pension interest was acquired.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Asa Neff, contact Cordell & Cordell.

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