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Can This BE? Unilateral Decision to Retire - with Dependents

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SoSadSoMad

Junior Member
What is the name of your state (only U.S. law)? Kansas

Will try to stay with bullet points and facts.

Husband will be 60 in May 10. Works for the Railroad; employed for 30+ years there. (Railroad Retirement Act Applies)

I am 47. We've been married 18 years.

Child 1 - born in 92 - will be 18 in Mar 10.

Child 2 - born in 94 - will be 18 in Mar 12.

Child 1 a Sr. in HS; Child 2 a Soph. in HS.

We've had numerous issues (mental health) with our children. My husband has always prioritized as follows:

- Golf (joined a Country Club without discussion; auto-withdrawal every month; only he uses the CC for golf - rest of family does not.)

- Work

- Sports

- Children

He does not participate in: Parenting, Discipline, Family Functions (plays golf instead of funerals), Rule Setting, Boundaries.

He has been emotional abusive and verbally abusive to all, but mostly me. Examples: has called me a crazy B * * CH in front of the children; allows them to do so also.

I HAD a GREAT job. 7 Years ago, when my first born began showing signs of severe depression, my husband told me to quit and tend to the children. I quit by my own choice, as my children are and have always been my first priority.

Flash-Forward 7 years later -

both children are on medication.

The first has been in 4 different centers for mental health and substance abuse.

Both children are in counseling.

I am in counseling.

We've tried family counseling with independent professionals, but doesn't work when one parent is on the golf course.

We've also engaged with the county resources here for Family Focus and Family Preservation - again - doesn't work when one parent decides to not participate.

For the whole marriage, my husband has made decisions based on self-serving reasons. He's always taken his vacation time when 'he' wanted, never discussing with others nor when the family might take a trip.

He goes to work when he wants and doesn't go to work when he wants.

He doesn't 'do' parent conferences, counseling, homework, bed-time, discipline, etc.

So - even when he's in town (railroad does take him away) he's not engaged.

He announced today - with no planning and no previous discussion that:

He is retiring in May.

I shared that we've not saved, our investments are 'in the toilet' and that we (the family) have expenses that can't be met by his retirement payments.

He also has a wife who get's 50% of his Tier 2 when he retires (she is his age).

He flat out says he intends to live on his RRA and our savings. As you can see, most likely, when I reach proper retirement age, WE will have nothing.

So - my questions:

1. If I file for divorce, can a judge order him to continue working, or at least support his dependent child until 18?

2. Can I get an injunction through family court for his unilateral actions/choices?

3. What options do I have?

I am willing to go back to work and support myself - no issue. However, do to the intensity of the counseling my children are in, my earning will be limited. Only 1 has a license, and it's restricted to school/work only.

I really need some fast advice if possible. He's already moving money around, and it's not to my benefit should I opt to divorce. Our previous intent was to stay married until 2nd child reaches 18. Then, divorce.

This 'retire in May' is new, unplanned and totally a surprise. Thanks in advance.
 


Proserpina

Senior Member
Husband will be 60 in May 10. Works for the Railroad; employed for 30+ years there. (Railroad Retirement Act Applies)

I am 47. We've been married 18 years.

*******

He also has a wife who get's 50% of his Tier 2 when he retires (she is his age).
Before I make the assumption..you mean EX wife, yes?


1. If I file for divorce, can a judge order him to continue working, or at least support his dependent child until 18?
No judge will order him to work, but will very probably order child support.

2. Can I get an injunction through family court for his unilateral actions/choices?
You file for joint legal custody, or sole legal custody - that takes care of the choices surrounding your children together.

3. What options do I have?

I am willing to go back to work and support myself - no issue. However, do to the intensity of the counseling my children are in, my earning will be limited. Only 1 has a license, and it's restricted to school/work only.
Yes, you're going to need to work to support yourself. Though I'm not seeing how only one child having a license equates to you not being able to work full time? :confused:
 

nextwife

Senior Member
Can he actually get benefits at 60?
Railroad retirement is different. He may indeed.

Mom: how much retirement did YOU bring to the marriage? Or accrue after? You are 47, so you had some years before these kids came along.

Additionally: I have a child who attends therapies, is on various meds, had a whole host of developmental delays and issues to address and recieve help for, and I still did and do work FULL time.

If dad is retired, he can take kiddo to therapies.

My child's father is 63. Please don't tell me you proceeded to have TWO kids with a man nearing retirement age (13 years your senior) and never discussed what retirement plans he had? WE KNEW that I'd need to be primary breadwinner when he retired long before we chose to become parents together at our ages.
 
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SoSadSoMad

Junior Member
Before I make the assumption..you mean EX wife, yes?
Yes - sorry....I mean his ex-wife (first marriage).

No judge will order him to work, but will very probably order child support.
Will this be based on his current earnings ($90-$100k) or his retirement pay ($36-$40k)?

You file for joint legal custody, or sole legal custody - that takes care of the choices surrounding your children together.
Does this allow him to use our funds for college for retirement?


Yes, you're going to need to work to support yourself. Though I'm not seeing how only one child having a license equates to you not being able to work full time? :confused:
Both children are currently in out-patent scenarios - requiring rides/transport from 3:30 - 7:00pm each week day. I can get 'close' to full time, just not standard 8-5. Also, they are not allowed to be unsupervised, so evenings and days off school will be a challenge.

TinkerBelleLuvr said:
Can he actually get benefits at 60?
Yes - based on age + years of service. He won't share the package/details so I don't know if it's full, partial, lump sum or other.

Thanks for the quick responses folks.
 

SoSadSoMad

Junior Member
Railroad retirement is different. He may indeed.

Mom: how much retirement did YOU bring to the marriage? Or accrue after? You are 47, so you had plenty of years before these kids came along.

Additionally: I have a child who attends therapies, is on various meds, had a whole host of developmental delays and issues to address and recieve help for, and I still did and do work FULL time.

If dad is retired, he can take kiddo to therapies.
One would expect dad to provide rides/carpools. However, when he's in town, he will not leave the golf-course for appointments, therapy, doctor, etc. He doesn't view this as his job.

I do have 'retirement' and I had (key word....) a 401k. It's in the tank due to the current economic conditions. I am 12 years younger than he, and I do fear that he'll take all that 'we' saved and 'we' invested and apply towards his 'retirement' needs.

This would leave me with nothing potentially - and I worked from 14 thru 40 - and saved significantly before I married him and since.

If I could work full-time I would - I would probably be more sane. Unfortunately, I don't have any support for rides, carpools, doctor appointments, trouble at school, truency, etc.
 

nextwife

Senior Member
One would expect dad to provide rides/carpools. However, when he's in town, he will not leave the golf-course for appointments, therapy, doctor, etc. He doesn't view this as his job.

I do have 'retirement' and I had (key word....) a 401k. It's in the tank due to the current economic conditions. I am 12 years younger than he, and I do fear that he'll take all that 'we' saved and 'we' invested and apply towards his 'retirement' needs.

This would leave me with nothing potentially - and I worked from 14 thru 40 - and saved significantly before I married him and since.

If I could work full-time I would - I would probably be more sane. Unfortunately, I don't have any support for rides, carpools, doctor appointments, trouble at school, truency, etc.
There is no van service at all for the therapy center? Have you inquired? Many can assist with transportation provider referrals. I am familiar with someone whose child was in an intensive outpatient program, and was there mornings, then went by van to their school for the afternoons.

Your pre marital retirement accounts, unless comingled, would not be split in a divorce.
 

LdiJ

Senior Member
I definitely think that if you planned to divorce anyway, that you should get it in the works NOW. You definitely want to get your fair share of the marital assets prior to them being dissipated by his choice to retire early.

He may even rethink the whole early retirement bit as well if he properly does the math.

The one think that you don't want to count on is any kind of financial support from him. He may be ordered to pay some child support, or maybe even some short term alimony, but if he is retired, you may not actually receive it consistantly.
 

SoSadSoMad

Junior Member
Thanks to all for the advice. As I've had time to think about this, I do have to agree that the 'sooner' is better from an asset recovery perspective. I have been distracted, as my 17 YO decided to relapse and return to some using.

Am I the only one that wonders if *it - the drama* ever ends?
 

LdiJ

Senior Member
Thanks to all for the advice. As I've had time to think about this, I do have to agree that the 'sooner' is better from an asset recovery perspective. I have been distracted, as my 17 YO decided to relapse and return to some using.

Am I the only one that wonders if *it - the drama* ever ends?
Sometimes it honestly never ends, but also sometimes you have to take action to make it end. Once your teens become adults you are going to have to let them take some ownership of their problems or the drama will honestly never end for you.

Getting out of a bad marriage with your full share of the marital assets (and of course full responsibility for your share of the marital debts) is a good first step towards making the drama end.

You also are honestly going to need to work, and you may have to support not only yourself but the children. Collecting from someone who is retired can be difficult...if he doesn't rethink the retirement or if it isn't too late for him to rethink the retirement.

You absolutely need to be prepared to significantly downsize.
 

mistoffolees

Senior Member
He does not participate in: Parenting, Discipline, Family Functions (plays golf instead of funerals), Rule Setting, Boundaries.

He has been emotional abusive and verbally abusive to all, but mostly me. Examples: has called me a crazy B * * CH in front of the children; allows them to do so also.

I HAD a GREAT job. 7 Years ago, when my first born began showing signs of severe depression, my husband told me to quit and tend to the children. I quit by my own choice, as my children are and have always been my first priority.

Flash-Forward 7 years later -

both children are on medication.

The first has been in 4 different centers for mental health and substance abuse.

Both children are in counseling.

I am in counseling.

We've tried family counseling with independent professionals, but doesn't work when one parent is on the golf course.

We've also engaged with the county resources here for Family Focus and Family Preservation - again - doesn't work when one parent decides to not participate.

For the whole marriage, my husband has made decisions based on self-serving reasons. He's always taken his vacation time when 'he' wanted, never discussing with others nor when the family might take a trip.

He goes to work when he wants and doesn't go to work when he wants.

He doesn't 'do' parent conferences, counseling, homework, bed-time, discipline, etc.

So - even when he's in town (railroad does take him away) he's not engaged.

He announced today - with no planning and no previous discussion that:

He is retiring in May.

I shared that we've not saved, our investments are 'in the toilet' and that we (the family) have expenses that can't be met by his retirement payments.

He also has a wife who get's 50% of his Tier 2 when he retires (she is his age).

He flat out says he intends to live on his RRA and our savings. As you can see, most likely, when I reach proper retirement age, WE will have nothing.


The 'system' can't protect people from bad decisions. As long as you're married to him, you're part of his family unit and you benefit from his good decisions just as you suffer from his bad ones (and vice versa).

If you want to be part of his family unit, it is up to both of you to work out a relationship that works. If you don't want to be part of his family unit, then the 'system' provides for a method to divide the assets.

There is absolutely no way that a court is going to order him to keep working - no matter how many family problems you might have. So it's up to you to decide what you want for your life. If staying with him is important to you, then do so - but be sure to consider the need to support yourself and your family. If you do not want to stay with him, then there are rules as to how the family assets are to be split - and your past decisions (good or bad) will not affect that.

The courts are not there to prevent people from making bad decisions. At some time, you need to take responsibility for your own life - and 47 is probably old enough to do that.
 

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