Legal Question in Family Law in Oklahoma
does retirement exclude you from paying child support
after i obtained a paternity support order the non-custodial parent (a government civilian employee) filed for an early retirement from his job due to medical reasons.current support payments are behind and the arrearage payments have not been met since the order was granted.is the child in this matter intitled to a portion of the retirement pension or is there an alternitive solution in obtaining dependant support from another source.the non-custodial parent also served in the army and was honorably discharged
after serving his term.i'm not sure if the non-custodial parent has been declared totally disabled or temporarily disabled and i don't know what my childs rights are in this matter.this is the only dependant child of the non-custodial parent
1 Answer from Attorneys
Re: does retirement exclude you from paying child support
The child is entitled to the support arrearages and future support. Just because the non-custodial parent is retiring does not mean they can stop paying child support. They could file a downward modification of support but would have to show that there are a substantial set of circumstances to warrant a change in the amount of the support. So this parent can not stop paying. Continue to keep track of payments received. Take this parent back to court to request that the arrearages be paid in full from the retirement. State that this parent HAS THE ABILITY TO PAY the arrearages from the retirement. Do this fast.
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