Motion To Modify Child Support Based On Income After Retirement

Baltimore Maryland divorce lawyerQuestion:

How will my pension and retirement benefits affect my child support order?

Is my government pension not allowed to be factored into child support? I have one child who will have reached the age of emancipation by the time I retire and another child who will turn 18 after I am retired.

Should I file a motion to modify child support based on my retirement income?

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 Maryland divorce and child support laws where I am licensed to practice.

In many jurisdictions, the parent with the child support obligation may request a modification of child support if there is a considerable change to payor’s income. A change in income can either be an increase or decrease in income.

Income typically is defined very broadly for child support purposes, and thus, generally pension payments will be considered as income and factored into the calculation for the modified child support amount.

In addition, in the event that a payor’s child reaches the age of majority, the payor may request a modification of child support if the original child support amount included support for multiple children.

The payor will only have an obligation to support his child until the child reaches the age of emancipation, unless otherwise agreed upon by the parties. Therefore, modification of child support may be sought immediately after a child reaches the age of majority.

Child Support Laws:

Age of Emancipation In Your State

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

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Maryland Divorce Lawyer Jeff J. Kim, please contact Cordell & Cordell.

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One comment on “Motion To Modify Child Support Based On Income After Retirement

    I don’t know if you can help. My partner was divorced 11 years when We entered our civil union (Illinois) and it was not a good experience for him. He is an over the road trucker and came home to being served with divorce papers. At the time he was an owner operator but was forced to sell his rig as part of the settlement. His ex got the house because they have a minor child. His child support was calculated assuming his earnings as a owner operator. Since he was forced to sell his rig he had to become an owner operator to meet his child support obligations. He has never not tried to meet his obligations but the reduction in income made things very difficult to meet. Although he requested a reduction in his child support it was not granted. In the meantime he continued to try to meet his child support obligations to the extent that he injured himself on the job. Three surgeries later and through lawsuits (equipment failure led to his injuries) he has been able to reduce some of payments but as he reaches retirement age (he’s 60) I am concerned that what little SS income he receives will be taken away. I will be OK but if I die before he does I have no idea how he will survive. Does he have any options?

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