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Asked 12/22/2010

Can I get my child support obligation reduced when I retire?

I have served twenty five years in corrections and am eligible to retire from a very stressful job. My current salary is 80K a year, and my retirement income will be 60K annual pension which I can receive the day I retire 60K is more than twice the median income for a man my age in Florida. (according to the US Census Bureau) It appears the Florida courts use median income to determine the earnings potential of a person who is voluntarily under-employed or unemployed.

 
 
 
 
 
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Answer 1/4 - Submitted 12/22/2010

All you need to do is file for an order modification, in the court that has jurisdiction of the case, for a reduction in support. Once a hearing is scheduled you can state your case. I would suggest however that you have an attorney to advise you on whether the median income rule will apply.

 
 

Answer 2/4 - Submitted 12/22/2010

While your income level has changed as with most Americans, you may communicate with your former spouse regarding the pay of a lower amount of child support. I would recommend going that avenue first prior to petitioning for anything as the costs may be substantive. With the rising costs of college, everyday items, and interest rates you may want to reconsider the decision in wanting to pay less child support.

 
 

Answer 3/4 - Submitted 12/22/2010

If the spouse agrees to a reduction and it is not court approved, the father will be in arrears if she changes her mind down the road. Support is court ordered and ONLY a judge can change it, not a parent, not a relative.

 
 

Answer 4/4 - Submitted 12/22/2010

Is your retirement mandatory? If it is not, you're in effect voluntarily reducing your income, and the court may not agree to lower your support because you opted to not continue working when you know what your financial obligation to your children is.

The median figure might be used for those who flat out don't work or hide their income, Unfortunately, your situation is not the same at all. You've got a good job and are choosing to stop working, and your pension income will be treated the same as any other income, rental income, investment income, royalties, etc. Income calculations for support don't need to be from only work when calculating support. Even a billionaire that plays all day while paying others to manage his assets still pays support, after all.

Good luck.

 
 
 
 
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