If my ex-husband took early retirement, does child support end?

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If my ex-husband took early retirement, does child support end?

I was awarded child support and I was toldthat I will get half his retirement. But now that he took an early retirement and is trying to take a lump sum, will I still be able to get half of it?  Child support was garnished from his paycheck.

Asked on September 1, 2010 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am really hoping that your attorney filed a QDRO (Qualified Domestic Relations Order) with his employer stating what you were entitled to in the divorce.  If this is on file with the employer then you should not have to worry.  Please call your lawyer and make sure that it was done and done correctly. His employer may not permit him to take a lump sum given the QDRO and really, you should object.  If his pay was garnished for child support so may be his monthly benefit.  If he taes a lump sum what aer you going to do?  Parents are obligated to pay child support until a child is 21.  Call your lawyer about this too.  Good luck.


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