I was planning to a change of child support order against the mother (my son moved with me) and she retires and rolls all of her settlement money (110,00) into an ira to keep from paying me max child support. She now gets a monthly pension check of only 1200 to 1400 per month. Can she get away with this?

I don't see that she's getting away with anything - if the Court has no problem with it (and how support is calculated varies by State) I don't think there's anything you can do.

In NY it's income, not holdings - particularly an IRA.

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Originally Posted by jloot325

I was planning to a change of child support order against the mother (my son moved with me) and she retires and rolls all of her settlement money (110,00) into an ira to keep from paying me max child support. She now gets a monthly pension check of only 1200 to 1400 per month. Can she get away with this?

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Like Judy said, child support is based on income - not on assets. You cannot go after her settlement money for child support.

I also fail to see what she's "getting away with." She'll still have to pay child support, regardless of whether she's working full-time or if she's retired.