Q: Family law: can one request spousal support from a spouse who is over 65, if they are retirement age, and yet working?
Can one request the court to take all the imputed in account including Social Security retirement earnings if the individual is eligible but refused to draw his SSA Retirement? How is spousal support and child support calculated if the father is over 65 and has income yet hides it and refuses to draw SSA earnings and has dependent minor children.
What if there are children to support but the individual is full retirement age and yet refuses to draw his SSA and his family cannot support their basic costs of living? Would this be part of a child support case? Can a court force the father to begin to draw SSA at retirement age BECAUSE it is potential income for the support of the children? Or is the individuals SSA benefits not considered in child support or spousal support?
Also, can a disabled person lose child custody simply because they are on Social Security disability?
A:
In California, you can request spousal support from a spouse who is over 65 and still working. The court considers various factors when determining spousal support, including the age and health of both parties, their earning capacities, and other financial resources, such as Social Security benefits. If an individual is eligible for Social Security but chooses not to draw it, the court may consider this as potential income, known as "imputing income," when calculating support obligations.
For child support, the court will look at all sources of income, including wages, pensions, and potentially Social Security benefits, to ensure a fair calculation. If a parent is over 65, has income, and is eligible for Social Security but refuses to draw it, the court can impute income based on what they should be receiving. This helps ensure that the children's needs are met. However, the court cannot directly force an individual to begin drawing Social Security benefits. The focus is on accurately reflecting the parent's financial ability to support their children.
Regarding custody, being on Social Security disability is not a basis for losing custody of a child. Custody decisions are based on the best interests of the child, considering factors like the health, safety, and welfare of the child, and the ability of each parent to care for the child. A disability alone does not determine custody outcomes; the court examines the overall environment and capacity of each parent to provide a stable and nurturing home.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
