Legal Question in Family Law in New Hampshire
Voluntary retirement and modifying child support
My Ex husband has chosen voluntary retirement as opposed to re-locating with his company. I have physical custoday and he has visitation several times a week. He is telling me that when he retires that we will have equal custody and that there will no longer be child support. He makes a great deal of money, an expensive home, car, etc. I gave up all assets, accounts and retirement in the divorce because I did not want to fight. However, I only work part time and if he pulls my child support I won't be able to survive. I've told him that any changes will have to go through the courts. Is this something that is easily done? He can simply change all of this? Does he not have to prove me an unfit mother (which I am not, my children are very well cared for with that child support). I have always been the main care giver. He has traveled almost weekly in the past year due to his company re-locating and I have not once said ''you missed your night with the kids, too bad''. I've always let him make up those nights. Isn't this situation similar to someone quitting their job to get out of paying support? Thanks for your help.
HD
1 Answer from Attorneys
Re: Voluntary retirement and modifying child support
The simple answer is that he cannot voluntarily retire to avoide child support; the child support obligation does not change until a court says so. See a lawyer. Don't be intimidated.