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?
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:
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.