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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I pay child support for my 15 year old daughter. I am 58 yrs

Customer Question

I pay child support for my 15 year old daughter. I am 58 yrs old and will be retiring Aug 25 2017. I wont draw retirement benefits till I am 62 and
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I am 58 yrs old. Will be retiring Aug 25 2017. I wont have any income. How does this affect my child support payments for my 15 yr old daughter?
JA: PayPal, Debitcard or credit card are all fine.
Customer: for paying my child support
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 2 months ago.

Good morning. What State do you reside in? Is this retirement voluntary?

Customer: replied 2 months ago.
Sorry my internet went down before I completed my question. I live in Maui but will be moving to livemy parents home on Oahu since I wont be paying any rent there. This is in Hawaii. What occurs since I will have no income and not eligible for retirement yet. What do I do?
Expert:  FamilyAnswer replied 2 months ago.

Thank you for the additional information. At this point, a motion to modify support would need to be filed.

Parties (both parents and the Child Support Enforcement Agency (CSEA)) may request that a child support order be modified every three years without having to show a change in circumstances by making their request to the CSEA in writing. The CSEA then reviews the current order and, if appropriate, begins administrative proceedings to modify it.

Parties may also request that a child support order be modified at any time if there has been a substantial and material change in circumstances since the date of the entry of the current order. They should submit their request to the CSEA in writing and set forth the reasons for the request, including describing the substantial and material change in circumstances. The CSEA then begins administrative proceedings to modify it.

CSEA serves both parents with a proposed administrative order for modification of the child support amount.

Each parent then has an opportunity to request a hearing to contest the proposed order. If a parent requests a hearing within the time period allowed, a hearing is scheduled and conducted.
Issues that may be addressed at a modification hearing include:

    • how circumstances have changed since the current order was issued
    • actual income or income earning ability of the parents
    • verified cost of the child(ren)’s medical insurance premiums paid by either parent (over and above the premium cost for the parent)
    • verified child care expenses paid to allow a parent to work
    • any other issue a parent believes is relevant to the modification of the child support obligation

The Hearing Officer will determine whether evidence presented at the hearing is relevant to the proceeding.

With the above stated, the real issue is going to be if this retirement is voluntary or if you are able to continue to work. I say this because there is a financial obligation to support the child and the decision to simply stop working, may not allow the support order to be modified. If the lack of income is a direct result of your own actions and decisions, support may not be reduced or stopped, since that would mean the other parent would have to fully support the minor child

Expert:  FamilyAnswer replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!