Good day...new to the forum and hoping someone can help as I cannot get a straight answer for this question...
When my X and I settled our divorce, part of my equalization to her was a payout that included a lump sum amount for the pension I'd earned while we were married. In other words, she was fully and completely compensated for the portion of my future pension I earned while together and signed off on any future claim to it.
5 years later, I have retired from my previous job and will be collecting my pension as soon as vacation time runs out. I have started a new job and very shortly I will be "double-dipping" so to speak...collecting my pension and my new monthly salary.
Since my X took the lump sum payout, am I required to report my pension income AND my new salary when it comes to child support calculations? It seems like that would be double-dipping on her part...she will be getting substantially more child support from me even though she already benefited from a lump sum payout. She did not have to add that payout to her income, nor did she ever have to report on what she did with it (she invested in real estate, and of course I haven't benefited in any way from capital gains on that).
A couple other points to clarify my situation. There was never any spousal support awarded as my X and I earned roughly the same amount. My X is getting remarried in a couple months, and her household income will essentially be double mine. SO the argument that the child support is strictly to "equalize" the two households doesn't hold water.
IF I do not have to add pension income to regular income, then we will be looking at total equity and neither of us will pay the other. We split custody 50/50.
Any advise/help would be greatly appreciated. Thank you.
When my X and I settled our divorce, part of my equalization to her was a payout that included a lump sum amount for the pension I'd earned while we were married. In other words, she was fully and completely compensated for the portion of my future pension I earned while together and signed off on any future claim to it.
5 years later, I have retired from my previous job and will be collecting my pension as soon as vacation time runs out. I have started a new job and very shortly I will be "double-dipping" so to speak...collecting my pension and my new monthly salary.
Since my X took the lump sum payout, am I required to report my pension income AND my new salary when it comes to child support calculations? It seems like that would be double-dipping on her part...she will be getting substantially more child support from me even though she already benefited from a lump sum payout. She did not have to add that payout to her income, nor did she ever have to report on what she did with it (she invested in real estate, and of course I haven't benefited in any way from capital gains on that).
A couple other points to clarify my situation. There was never any spousal support awarded as my X and I earned roughly the same amount. My X is getting remarried in a couple months, and her household income will essentially be double mine. SO the argument that the child support is strictly to "equalize" the two households doesn't hold water.
IF I do not have to add pension income to regular income, then we will be looking at total equity and neither of us will pay the other. We split custody 50/50.
Any advise/help would be greatly appreciated. Thank you.
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