Ask A Divorce Lawyer: Do child support calculations take into account monthly pensions?

Question:

I have the option of taking a lump sum payout from my employer or a monthly pension when I retire. I assume that if I took a monthly pension, child support payments would be based on that payout plan. But if I take a lump sum buyout, what criteria does the court use to determine future child support payments?

Answer:

I must preface my answer that I do not practice in Michigan.  However, Cordell & Cordell has many attorneys licensed and located in Michigan who would be happy to help you.  Each state has different laws governing child support. It is important that you contact a domestic litigation attorney licensed in Michigan prior to taking any action.

You should consult the Michigan Child Support Guidelines to determine how a lump sum payout would be calculated into your child support obligation.  Each state has a way to calculate lump sum payouts.  As for the monthly option, as you stated in your question it will be added to any other income you receive to calculate your monthly child support.

Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.

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