Legal Question in Family Law in New York

child support from retiring parent

I don't know your particular circumstances, so I can't give you specific legal advice. However, in the support collection unit, you have powerful allies. They have enormous incentive to go after a parent who is not fulfilling his duty to his child.

Generally speaking, courts frown on parents who deliberately and wilfully fail to support their children. Unless a parent can show that s/he is incapable of working, s/he had better have a very good reason for quitting or taking a lower paying job. If a parent retires, s/he still has income which is available for supporting his/her child. And if the parent takes a new job upon retirement, that new paycheck provides additional funds which are available for payment of child support.

I did not entirely understand your comment about visitation. I do not know your particular situation. However, under NY law, visitation and support are generally treated as different issues. A child is entitled to the love, affection and attention of both parents, just as the child is entitled to their financial support.

There is, of course, no substitute for sitting down with your own attorney and discussing your particular situation. I am not in a position to give you specific legal advice, since I do not know all the particulars of your situation, and you have not retained me to represent you.

Good luck.