Santa Cruz, CA asked in Family Law and Child Support for California

Q: I retired at 65 (7/18) My ex (46) wants to impute my wages and impose a work search order to an amount I've never made.

Headed to DCSS hearing soon. Motion 1: Father (65) wants modification to increase child support mother owes.(currently at $12 mo for 2 children (10 and 12). Father has no child support obligations and retired July 2018 at 65. I receive $878 in Social Security and $235 for 1 child via my Social Security. Mother also receives $235/mo for the other child via my Social Security benefits. Mother is trying to impute my wages to an amount higher than I've ever earned and force a work search order. Mother is also wanting shared childcare costs during the school year ($287/mo). I look after the children every Wednesday, Thursday and Friday. Mother makes $100k/yr. I will only receive $13,356/yr in my Social Security and 1 child benefits. I have the children nearly 50% of the time.

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1 Lawyer Answer
Andy Cook
Andy Cook
  • San Diego, CA
  • Licensed in California

A: A spousal support payor may not be forced to keep working beyond the age of 65 just to be able to keep paying spousal support. It is error to impute income to the payor after the age of 65 as to W-2 earnings or self-employment earnings. The court may only look at what you are actually receiving, such as retirement, social security, etc.

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