Question:
How is child support calculated when the custodial parent receives a large share of marital property?
My ex received half of my retirement account in cash and is spending like crazy. With the income from her job and the money she took from my retirement, she made significantly more than I did last year.
Can I temporarily modify child support because of this even though the property division payout was a one-time payment?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide any advice on child support laws in other states.
The short answer to the question is yes. You can file what is typically called a Motion to Modify and request that the child support payment be properly adjusted to account for your incomes. You can even pursue a temporary modification.
Unfortunately, when the court considers what the child support should be it will not consider the cash she received from your retirement. Such award to her will be properly categorized as property division and not income.
How Much Should You Be Paying?
Furthermore, the court is not going to consider how she spends her money or what she is purchasing. If you believe that her income has gone up (not from the division of property but from her employment or other sources of income) then you may wish to seek a child support modification.
I recommend that you contact a mens divorce lawyer near you to provide you with legal advice on divorce and assist in the preparation of your marital settlement agreement.
To set up an appointment with a Cordell & Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Brock Ellis, please contact Cordell & Cordell.
