Trial court should have considered ex‑wife’s contributions to a voluntary retirement plan when calculating child support in modification case; although, for purposes of calculating child support, mandatory retirement payments were included as allowable deductions, voluntary retirement payments were not, ex‑wife was contributing to individual retirement account (IRA), and there was no indication that she was contributing to a mandatory retirement plan. Although, for purposes of calculating child support, mandatory retirement payments are included as allowable deductions, voluntary retirement payments are not.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
Reprint with permission.