Legal Question in Family Law in Massachusetts
social security
If I retire, my child is eligible for a benefit that is equal to one half of my benefit. Will that then be my required child support. And if that does not cover the amount I am currently paying in child support, am I still required to pay that entire amount? My retirement will be under $800 a month.
3 Answers from Attorneys
Re: social security
No. You need to file a complaint for Modification of your child support with the court that issued the order either with or without the assent of your ex-spouse. Good Luck!
: social security
The child support formula takes the change into account, and your ex's earning is also a factor, as is any expenses toward medical insurance.
If and when you retire or believe that you are about to retire, you must file a complaint for modification so that any change can take effect immediately.
If you have any other questions, contact me.
Re: social security
I would suspect that the Court will in essence not let you voluntarily retire. Instead, it will deem you to earn your pre-retirement salary and make you pay on that basis. You may also be ordered to seek work.
If retirement is a choice for you, the Court will insist that you make it with your child's or children's needs considered before your desires.
There is plenty of case-law on this.
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