Change in support when child's father retires.

[CleveMom]

What is the name of your state (only U.S. law)? Ohio

My child's father is considering retirement soon. When he retires, will support be calculated by his new monthly income withdrawn from his pension or is it calculated another way? I assume it would be calculated by whatever amount he files for taxes.

Thank you.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

My child's father is considering retirement soon. When he retires, will support be calculated by his new monthly income withdrawn from his pension or is it calculated another way? I assume it would be calculated by whatever amount he files for taxes.

Thank you.

How old is the child? How old is the child's father? How old are you? Answer those questions, please.

 

[CleveMom]

How old is the child? How old is the child's father? How old are you? Answer those questions, please.

Child is 10. Father is 57. I am 37.

 

[wavehopper27]

Unless he is being forced into retirement, he is voluntarily deciding to stop working and wouldn't he be subject to the same child support payment as if he were still employed?

 

[CTU]

One more question ... is he military?

 

[Ohiogal]

Unless he is being forced into retirement, he is voluntarily deciding to stop working and wouldn't he be subject to the same child support payment as if he were still employed?

Depends if he were retirement age or not .. if he was 70 and choosing to stop working, highly unlikely a court would find it was voluntary. But it is possible it could be voluntary. I asked the beginning questions. CTU has chimed in with another that matters.

 

[CleveMom]

One more question ... is he military?

No. Not military.

 

[CleveMom]

Depends if he were retirement age or not .. if he was 70 and choosing to stop working, highly unlikely a court would find it was voluntary. But it is possible it could be voluntary. I asked the beginning questions. CTU has chimed in with another that matters.

He will be retirement age based on what his union allows. He must have at least 35 years of service with the company and be at least 58 years old. He will be 58 in a year or so and has the time in at the company. He is not military either.

Thanks for looking at my question.

 

[adjusterjack]

He will have to file for an adjustment based on a change in circumstances. If he doesn't file, nothing changes. If he does file, you'll have the opportunity to raise objections.