Asked 7/22/2009
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Recalculation of Child Support. As a father paying child support in the State of Louisiana my income will drop by 50% due to retirement. My curretn spouse continues to wrok will recalculation of child support be based solely on my retirement income? |
Answer 1/1 - Submitted 7/22/2009
Well, Louisiana statute states:
ยง 9:315.18. Schedule; information C (5) (c) The court may also consider as income the benefits a party derives from expense-sharing or other sources; however, in determining the benefits of expense-sharing, the court shall not consider the income of another spouse, regardless of the legal regime under which the remarriage exists, except to the extent that such income is used directly to reduce the cost of a party's actual expenses.
Since you returement might be considered "voluntray unemployment" as defined in the same chapter:
"(b) Potential income of a party, if the party is voluntarily unemployed or underemployed. A party shall not be deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or underemployment results through no fault or neglect of the party. "
You should seek legal counsel before you commit to retirement, as it maybe any modifiction you seek, due to retirement may not be granted, and the burden of continuing the current CS will be a significant burden on your household.
In other words, even if your income is reduced, your spouse will be making up the difference in expenses, and your retirement is voluntary, the court may see no reason to lower the support.
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