I share 50/50 custody of my son with my ex-wife. For about six years, I paid child support. We recently mediated and child support was eliminated.
I am planning on retiring in about a year while my ex is going to be working for several more years. She makes significantly more money than I do and will continue to do so. Is it worth pursuing child support?
While I am not licensed to practice law in your state, I am licensed in Pennsylvania and New Jersey and can give you some general guidance with respect to this issue.
Here, if you share physical custody equally and one spouse makes more money, that spouse is responsible for paying child support. If you continue to share custody equally you would be entitled and encouraged to file for support here, assets aside as they do not typically come into the court’s analysis.
Your income will be reduced pursuant to retirement and this will warrant a support obligation. If the opposing party now makes more than you, you have the right to pursue this, but I also understand it may be more cut and dry once you are retired in terms of a clearer discrepancy in earnings.
You should consult with an attorney and have him or her run some support guidelines to provide you with an idea of what you might expect if you move forward.