JJSJ
New
Reged: 06/02/08
Posts: 5
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Was wondering if anyone else has dealt with this issue. I will be retiring from law enforcement in a few years. At that time I will be getting half my pay for life. Since my income will be reduced by 50%, will I be able to have my child support payments lowered? Granted I will only be 43 years old at that time, so can I be forced to take another job? I realize all judges are different, but I would like to go back to school and then decide from there. I will be collecting about 50K per year, and my current wife has no problem picking up the shortfall in income while I am in school. My current support payments are 1400.00 per month for two kids.
Anyone have any experience with this? Thanks
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gigi
Platinum
Reged: 11/06/06
Posts: 5042
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Not that specifically, but here's what a judge will say.
The child does not stop eating or doing softball or piano lessons while you're looking to decide your next move in life. If you were still together with the child's mother, it would be a joint decision on whether or not she would pick up the slack in the family, but she (and your child) are not required to just agree to lower child support just because you reached your retirement opportunity and want to go find yourself rather than stick around for another few years at the job. Now if retirement were forced upon 43 year olds in your career, that would be another question altogether... but retirement is NOT mandatory. You are doing it to better yourself, and if you choose to do that, it does not get rid of your other obligations... rent/mortgage, food, wahtever... AND CHILD SUPPORT... and if your current wife (or parents, or a VA entitlement or whatever) is willing to help foot the bill for you to stop working for a while and go to school... then fine... but that means THEY will be paying the child support... which needs to be your FIRST obligation.
They won't require you to get a job... but they will require you to continue to pay, and they probably won't reduce your child support payments just ecause your income is lower at that point.
The wonderful thing about a high risk career (military, firefighter, law enforcement) is that you build an entitlement to retirement faster than with other careers. But what that means is that it's an OPTION to retire and re-invent yourself once you're in your forties. It is NOT a REQUIREMENT to do so. And your ex wife and child are not going to be forced to cut back so that you can exercise your option on that. It's not THIER option, it's YOURs. THey still eat, need new clothes every season, need haircuts & extra bedrooms and ... well, all the things that go along with having a kid.
You are already planning on cutting back. Already planning on having your current wife pick up the slack. Just plan on her also picking up the slack on whatever support payments will be due, until your career change is complete and you're able to make up the difference in income with a post-retirement second career.
The good news is that lots of people have done it, and come out with a MUCH better life at the end withotu ever having to cut off their exes and children at all. The retirement that you're entitled to can help pay for that and ease your way into a really enjoyable retirement career.
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JJSJ
New
Reged: 06/02/08
Posts: 5
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Thanks for your input. I guess I will have to wait and see what happens. Truth of the matter is that we were never married and there is no court order for cs. I just agreed to give her that amount. When I do retire, if I do just go ahead and reduce it myself, I won't be in violation and if we do end up in court, anything can happen. Of course I will most likely continue to pay the original amount, but she will have to be understanding if it takes a while for me to find a new career.
Thanks again
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gigi
Platinum
Reged: 11/06/06
Posts: 5042
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Have you run the amount you're paying through a child uspport calculator to make certain it's the right amount? I know a lot of men who end up paying way more voluntarily than the court would ever order (because they dont' realize there there is a way to calculate it properly), and if that's teh case, you can be sure it'll be easier on you... doing whatever you think is right even if that means reducing it for a while.
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JJSJ
New
Reged: 06/02/08
Posts: 5
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Yes I am paying around 200.00 more than would be required by law. My current wife earns a great salary and is able to help out despite the fact that she has an 11yo and never received a penny from her ex. But when I am ready to retire, I will have the conversation with my ex. If she isn't understanding of the fact that I would need a bit of time to figure out what I want to do, it will be up to her to take me to court and at that point, it will be for an initial child support order, and she will end up getting less anyway. Thanks again
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gigi
Platinum
Reged: 11/06/06
Posts: 5042
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Have you thought of law? You catch on quickly and have a desire to do the right thing, which is needed in that profession. Not to mention taht most lawyers who are former cops have a great opportunity... it opens doors if people knew you were in law enforcement previously. BIG doors... like judge & the like.
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JJSJ
New
Reged: 06/02/08
Posts: 5
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Thanks. I guess all those years in law enforcement have helped me to have a better understanding of the law. I was thinking more along the lines of healthcare. You know what I find funny is that she doesn't work and goes to school. I gladly pay my support every month and never question her about her choices, but it seems as the NCP must support the kids but the CP can do what they want. Although I am grateful that she is doing a good job raising them, so it all works out in the end.
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Jada
Platinum
Reged: 06/02/07
Posts: 3314
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[quote]Was wondering if anyone else has dealt with this issue. I will be retiring from law enforcement in a few years. At that time I will be getting half my pay for life. Since my income will be reduced by 50%, will I be able to have my child support payments lowered? Granted I will only be 43 years old at that time, so can I be forced to take another job? I realize all judges are different, but I would like to go back to school and then decide from there. I will be collecting about 50K per year, and my current wife has no problem picking up the shortfall in income while I am in school. My current support payments are 1400.00 per month for two kids.
Anyone have any experience with this? Thanks [/quote]
Chances are a judge will not lower your support. You are only 43 years old. More than capable of still working.
Or a judge may temporarily lower it for 4 years (the length of time it takes to get a bachelors degree).
How old are the kids? If they are young enough for childcare, $1,400 a month isn't all that much.
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Jada
Platinum
Reged: 06/02/07
Posts: 3314
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[quote]Yes I am paying around 200.00 more than would be required by law. My current wife earns a great salary and is able to help out despite the fact that she has an 11yo and never received a penny from her ex. But when I am ready to retire, I will have the conversation with my ex. If she isn't understanding of the fact that I would need a bit of time to figure out what I want to do, it will be up to her to take me to court and at that point, it will be for an initial child support order, and she will end up getting less anyway. Thanks again [/quote]
Not necessarily. You could still end up with imputed income. Just because there wasn't a court order for child support doesn't mean that a status quo hasn't been established. Because it has. And you want to change it.
What will probably happen is that you will be ordered to pay a certain amount each month. And any childcare will be added on and you will be ordered to maintain health insurance for the child if you have been the one providing it (you will get a credit for this, if she is the one who has been providing it, then your portion will be added on to the amount), you will also be ordered to pay a percentage of medical expenses that aren't covered by health insurance and you could also be ordered to pay a percentage of extracurricular activities.
Oh, and your ex can ask that the child support is garnished from your checks.
And I found those online calculators to be inaccurate by a few hundred dollars.
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thesecondwife
Silver
Reged: 06/01/08
Posts: 53
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My husband also has one of those jobs and could retire in five years (and re-invent himself). If he retires then his son will be 19. However, it was outlined in the divorce decree that he would pay child support until his son reached the age of 21 (to help pay for college cost). My fear is with the rising cost of college she will ask for more money.
I really think you need to get something official on paper now rather than later.
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