Legal Question in Family Law in California
can retirement monies be used for child support?
I am divorced & pay child support for my 10 year old daughter. I have a chance to retire from my job and question that since my x wife waived any rights to my retirement monies, would the interest I would make from my retirement pension be considered income and/or monies to where my child support amount would be adjusted accordingly?
3 Answers from Attorneys
Re: can retirement monies be used for child support?
Retirement and/or pension payments are income for the purpose of determining child support payments.
Re: can retirement monies be used for child support?
Yes, any income you have, whether from employment, retirement, disability, or even gambling winnings, is taken into account in determining the child support level.
Re: can retirement monies be used for child support?
As the other attorneys have stated, retirement and interest income are used to calculate child support. However, you may be creating more problems for yourself. If you voluntarily retire and reduce your income, the court may not reduce your child support, but may keep the support at the same level as set when you were working. Talk to an attorney who does child support before you make a decision about retirement. Good Luck, Pat McCrary
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