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.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
One comment on “Is It Worth Pursuing Child Support?”
I live in California. I share 50% custody of my two girls. They are ages 11 and 9. My ex and I have been divorced for almost 7 years but she refuses to work. She is now remarried. He makes about the same amount as I do. He also receives $60,000 to $70,000 annually from his family’s trust fund. My ex refuses to work and the judge refuses to input income or assign her a wage despite the fact that the law says that both parties are equally responsible to provide financially. What can I do? I want him to assign her a wage so that it will decrease my child support payments to her. Do you know of cases where the judge has assigned ex spouses wages in California? If so would you please share that case law studies with me? Thanks so much.