How to balance retirement, divorce, and spousal support?

The Quebec statistics show that more than half of marriages end in divorce. How, in the face of such statistics, can retirement, divorce, and child support be reconciled?

Quebec statistics show that more than half of marriages end in divorce. How, in the face of such statistics, can we reconcile retirement, divorce, and child support?

So, Monsieur, aged 56, with 35 years of service, decides to retire. He goes to the Court* and requests a reduction in the child support he must pay to two of his three adult children and his ex-wife. To do this, he presents three reasons to the court that appear significant to him: his retirement, which results in a decrease in income, the fact that his son earns income from part-time work, and the increase in his ex-wife's salary.

The court states that the needs of the ex-wife, as the recipient of the child support obligation, depend on the means available to the paying party, in this case, Monsieur. However, the child support obligation towards the children is not subject to this rule. It should be noted that, "although eligible for retirement after 35 years of service, (Monsieur) was not obliged to take it."

Since Monsieur chose to retire prematurely, without considering his child support obligations towards his dependent children, the Court concludes that the decrease in income Monsieur experienced as a result of his decision should not be considered in the calculation of child support payable to his children, unlike that of his ex-wife. Thus, despite the decrease in his income, Monsieur is obliged to pay the same child support to his children without any reduction.

In light of this judgment, in order to avoid being penalized, one must choose between the uncertain comfort of having children when young or consider the certain worries of a retirement taken later in life.