retirement

[justadad-ky]

What is the name of your state? Kentucky

I have posted a few support issues on this site and have been given some really good facts. I'm not sure if I'm in the right area or not but I have the following question:

I worked 20 yrs in a hazardous duty job. My X and I share 50/50 custody with no CP designated. It was me that wanted her to have the 50/50 and gave her days to represent this equality. I felt by doing this, I was truly representing our5 sons best interests and not just talking it. Nevertheless, to get back on track, I am scheduled to retire in 12 months. Part of the agreement is that I provide my retirement eligibility date w/ full pension to my x within 14 days. I have no problems doing this hence is why I agreed. However, I am curious if x will use my retirement against me in regards to her paying child support, custody, etc by indirectly using my pension?

I know I am putting the cart in front of the horse so to speak but I also know that I need to be well informed and prepared for any situation pertaining to cs and custody.

As I mentioned, what are the future legal ramifications? Can the court tell me to get a job though I'm getting my 20 year pension for service in order to lower the x's support obligation? My atty has conveyed to me that x does not want to pay any cs and will have me back in court in a year. Which is fine, I am much more concerned with custody then money issues anyways.

However, I know that the court can order anything but if I worked for 20 years (married 3 1/2) and now I want to raise our son the best I can and spend the most amount of time with him. Are the courts inclined to order me to get another job and work on another retirement, etc soley because the x doesn't want to pay cs?

Any facts, knowledge on this would be greatly appreciated.

justadad-ky

 

[seniorjudge]

Q: However, I am curious if x will use my retirement against me in regards to her paying child support, custody, etc by indirectly using my pension?

A: Are you asking whether you will have to continue paying child support after you retire?

 

[justadad-ky]

No, I'm not paying cs......x has been ordered to pay me cs. She has indicated that she will use my pension as supplemental income if I were to get another job and use the accumulated gross income to reverse the cs order she has been given and I would possibly pay her. This is fine with me also, I just want to raise our son. She brings home $5000 and some change and I will be bringing home $3400. when I get my benefits.

 

[seniorjudge]

No, I'm not paying cs......x has been ordered to pay me cs. She has indicated that she will use my pension as supplemental income if I were to get another job and use the accumulated gross income to reverse the cs order she has been given and I would possibly pay her. This is fine with me also, I just want to raise our son. She brings home $5000 and some change and I will be bringing home $3400. when I get my benefits.

Your clarification has left me more puzzled.

Start all over and give us a timeline and ask plain and simple questions.

 

[penelope10]

No, I'm not paying cs......x has been ordered to pay me cs. She has indicated that she will use my pension as supplemental income if I were to get another job and use the accumulated gross income to reverse the cs order she has been given and I would possibly pay her. This is fine with me also, I just want to raise our son. She brings home $5000 and some change and I will be bringing home $3400. when I get my benefits.

I would think that if the pension is being used as income and you get another job then the issue of CS could revisited in court at some time. So she could ask the court to lower the CS, or if your income is high enough she could ask to be awarded CS from you. (Since you stated this is a 50/50 visitation split)

 

[TinkerBelleLuvr]

I think his question is whether the courts will tell him to get a job after he retires because the X doesn't want to pay support.

 

[seniorjudge]

Q: I think his question is whether the courts will tell him to get a job after he retires because the X doesn't want to pay support.

A: If that is the question, then the answer is, "I don't know."

 

[justadad-ky]

Sorry for the jumble.

My ex wfe by agreement will be paying me child support.
I am eligible to retire with a 20 year hazardous duty pension in 1 yr (2009) We were married approx. 3 1/2 years. On the agreement, I am to provide my exact retirement eligibility date to the ex with in 14 days which will be this friday. I will provide this date because I agreed to do so.

My ex wife has indicated that upon my retirement eligibilty date (2009), she will petition the court to review child support. She is hoping to gain an advantage by using my pension and any other income I may have as a reason to waive child support. She also wants to use the fact that when I retire, she wants to revamp our parenting schedule which has been working for roughly 1 1/2 years so that I do not get to spend more time with our son then she does. ( yes, she has said this.)

My questions are,

1. Would the courts be inclined to tell me to get another job after I retire just to reduce or waive the amount of cs the ex is paying? The fact, is when I retire, I do not want another job but I do want to parent our son and raise him the best I can. That's what I have planned for....

2. Can the fact that when I retire and spend more quality time with our son then the ex, be held against me in the eyes of the court? Resulting in a negative parenting schedule that would take parenting time from me? Believe me when I say, I am the one that wanted the ex to have 50/50 because I feel that's what's best for our son.

I hope this clarified things. I'm not much of a writer and thank you for your patience..

 

[penelope10]

Sorry for the jumble.

My ex wfe by agreement will be paying me child support.
I am eligible to retire with a 20 year hazardous duty pension in 1 yr (2009) We were married approx. 3 1/2 years. On the agreement, I am to provide my exact retirement eligibility date to the ex with in 14 days which will be this friday. I will provide this date because I agreed to do so.

My ex wife has indicated that upon my retirement eligibilty date (2009), she will petition the court to review child support. She is hoping to gain an advantage by using my pension and any other income I may have as a reason to waive child support. She also wants to use the fact that when I retire, she wants to revamp our parenting schedule which has been working for roughly 1 1/2 years so that I do not get to spend more time with our son then she does. ( yes, she has said this.)

My questions are,

1. Would the courts be inclined to tell me to get another job after I retire just to reduce or waive the amount of cs the ex is paying? The fact, is when I retire, I do not want another job but I do want to parent our son and raise him the best I can. That's what I have planned for....

2. Can the fact that when I retire and spend more quality time with our son then the ex, be held against me in the eyes of the court? Resulting in a negative parenting schedule that would take parenting time from me? Believe me when I say, I am the one that wanted the ex to have 50/50 because I feel that's what's best for our son.

I hope this clarified things. I'm not much of a writer and thank you for your patience..

I have heard it stated that the court can take into consideration if a person chooses to be underemployed/unemployed when it comes to matters of CS. Your wife could use the argument that she would like to cease employment and be a full time parent herself.....

 

[seniorjudge]

1. Would the courts be inclined to tell me to get another job after I retire just to reduce or waive the amount of cs the ex is paying? The fact, is when I retire, I do not want another job but I do want to parent our son and raise him the best I can. That's what I have planned for....

A: Courts don't order people to get jobs; but the fact that you are retired may make little difference as far as child support goes.


2. Can the fact that when I retire and spend more quality time with our son then the ex, be held against me in the eyes of the court? Resulting in a negative parenting schedule that would take parenting time from me? Believe me when I say, I am the one that wanted the ex to have 50/50 because I feel that's what's best for our son.

A: See first answer.

 

[justadad-ky]

I totally understand that and respect that opinion. To me there is a difference between retiring with benefits after serving your community for 20 years and quiting a job just because you don't want to work, etc.

I would like to add, yes I am a father and I've been "parenting" (since our sons birth). He is my focus and my priority as he should be. I am not ceasing employment to "just parent." I am retiring with full benefits for 20 years of service. As you stated "Your wife (EX) could use the argument that she would like to cease employment and be a full time parent herself...." I think that would be wonderful for our son if she took that much time and interests from her career to be involved in his development. But, I see a big difference between earning a retirement and "ceasing employment" to be a full time parent. I have been a "full time" parent even though I have continued to work full time.

As I said, thank you for your input and I do appreciate the facts/opinion.