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any issues with early (temporary) retirement?

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  • any issues with early (temporary) retirement?

    Although I still have a while before CS payments are completely done, I'm in a position now to take some time off. I've worked 70+ hour weeks for the past 5 years and resorted to living out of my vehicle for quite some time to get all the separation debts paid off, CS arrears caught up and a few bucks back into the bank account.

    Could the ex stir up any sh*t if I go through with a decision to simply take some time off now and improve upon my quality of life? It wouldn't be final retirement.. rather just a temporary thing (a year or two) or perhaps I might even just pursue part time or seasonal work. I wouldn't be asking for a reduction in CS - it would stay as my current court ordered amount too. Could she say that if I can take time off, I can pay more - and get it awarded by the courts? Any input is appreciated!

  • #2
    Yes. She could argue you are underemployed.

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    • #3
      Originally posted by rockscan View Post
      Yes. She could argue you are underemployed.
      Yikes! And that is even if I don't look for a reduction in CS? It is court ordered based off my 70+ hour work week earnings. This system really wants to work support payers to death!

      I should add that I don't "think" she's eager to take it back to court any time soon as she's been misreporting her annual income (about 5 times less than it is) so knows there might be some repercussions. But it's still a gamble for me I suppose.

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      • #4
        You could always offer mediation and try to negotiate but if she is unreasonable she will fight you being underemployed.

        Unless taking time off is medically necessary, you have to work. Welcome to child support payment hell.

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        • #5
          Can you go to your family Doctor and get Stress Leave?

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          • #6
            Just using some numbers for the sake of numbers, but let's say I earned $100k per year for the last 5 years and paid child support on $100k for those 5 years, but now take a work break for a year or two - BUT continue to pay child support based on $100k - what could be expected from her and/or the courts? I might not be working, but still fulfilling my agreed upon child support requirement. I am NOT expecting (or looking for) a reduction in cs payable - am content with where it sits.

            @kate331 - I never thought of that - perhaps it is an option since I had seen the doctor a few times during the work times for anxiety and related symptoms such as heart palpitations, etc.

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            • #7
              My ex did it, he got a Dr's note over stress related to going to court. Now I think he is faking to reduce his CS obligations, but your not. Whats the worst a Judge can do, impute your income back to you? But your willing to pay that.

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              • #8
                I would think if you will still be paying the same amount that you may be okay. If you were asking for a reduction than thats a whole different ball game

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                • #9
                  'Devil is in the details' will likely determine what you are able to do.

                  Full financial disclosure will be paramount.

                  How does one go to working 70+hours/week and living in one's car to position of retirement?

                  No court can order you to work. However, others are correct in that income can and likely will be imputed.

                  Your detailed financial statement, along with previous years' income tax returns, will likely determine your future with regards to determination of your income for purpose of paying support.

                  Impressive that you can quit work for a few years and continue to pay your personal expenses as well as support. How does one manage that?

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                  • #10
                    Originally posted by arabian View Post
                    'Devil is in the details' will likely determine what you are able to do.

                    Full financial disclosure will be paramount.

                    Impressive that you can quit work for a few years and continue to pay your personal expenses as well as support. How does one manage that?
                    I paid off my vehicle early (plus got it used at a decent price) - and therefore I was pretty much living "rent free" by sleeping in it. Also cutting every single expense that wasn't related to 'survival' and putting those savings into "snowball" elimination of the separation debts. Mind you, I say "survival", but honestly 'vehicle life' wasn't all that terrible. Despite the long hours, going for walks for "something to do" in the parks is honestly more enjoyable that sitting around in a rented room staring at blank walls, and keeping clean at the local gym forced me to engage in some physical fitness. Once the debts were gone - with exception to CS arrears as FRO was already taking 1/2 the paycheck and timing was working out well - everything that was going into debt reduction went into investment accounts. I've crunched the numbers numerous times and it's certainly not like I can "retire"... but at least I can take a little bit of time off and sort of 'normalize' after this lifestyle. It wasn't always the most pleasant experience, but at least I'm debt free now and that is a whole lot better feeling than being burdened with debts. I certainly wouldn't recommend it to everyone, but at the same time it is a viable option.

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                    • #11
                      Congratulations on your debt-free status... impressive that you made a plan and stuck to it. I bet you have quite a list of "should-have-done" items. I think debt, and the stress that it creates, is likely the principal cause of many marriage failures.

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                      • #12
                        So you worked crazy hours and minimized your expenses with the admirable goal of paying off your separation debts ASAP, but unfortunately also set a precedent for inflated earnings that your CS is now based on.


                        I think the right thing to do would not be to quit work entirely (unless your doctor thinks that would be best for you) but to start to work normal hours, then get your CS adjusted to reflect that. Your ex will obviously object because it's less money, but will a court really support CS based on crazy hours instead of normal, human 40hrs a week? You would explain that you initially worked those hours to focus on paying down your separation debts, but now you are burned out and exhausted (get a doctor's note), and those hours have become unsustainable. You would now like to work normal hours, and have your CS calculated on your actual income, not imputed to some inaccurate level. What hours did you work during the marriage?



                        Imputation is supposed to be used in cases where someone is underemployed or underreporting their income. Your situation is the opposite, where you were voluntarily OVERemployed, but aren't willing to keep up that unhealthy pace any longer. The imputation system has to work properly, to use a realistic income for calculation of CS. By accepting that you be imputed an unrealistically high income, you do a disservice to the system.

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                        • #13
                          If you are going to continue paying full CS, what does she have to complain about? If you work or not doesn't make a difference. Now if you want to change CS down, them she would fight it for sure. Then the above recommendations take effect.

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                          • #14
                            Just the fact that you had to work 70+ hours a week and live in your car shows that your ex was most likely like my ex. Doesn't care and would demand more if she could. Thread carefully.

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