My ex husband took early retirement and collects a pension. Is his pension exempt from child support?
No. If he still has a support obligation, his retirement does not change his obligation. He can always petition the Court to modify his support, but unless and until a court order is entered which changes the amount, the current obligation stands.
Absolutely not! The child support is based upon his income from all sources. Especially since pension is in lieu of wages, it is a basis for child support.
The issue is whether or not there's a current support order. If there is and he's paying less than ordered, it was HIS responsibility to seek a modification, not yours. Whether it'll be granted (And it only applies to subsequent installments from the date of service of his written request, otherwise called a pleading) is a separate issue. If there's no child support ordered, typically the court would base it on his "income," which has a wide definition pursuant to In Re Marriage of Rogers, an Illinois Supreme Court Case, and usually that includes pensions.
Talk to a family law attorney in your area for specific guidance.
While the actual pension payments may or may not be exempt from garnishment, the pension is still income on which his child support would be calculated.
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