MODIFYING CS BEFORE I RECEIVE SEVERANCE(ca)

[EastBayBeast510]

losing my job soon and should be receiving a severance package. ive told my daughters mother that child support will be reduced(cut in half) when i get laid off. she agreed(verbally). come to find out she heard how much i am receiving and cannot believe i am not able to pay my child support. is she entitled to that money? Will the court see that severance as my income for the year or is it treated as a bonus? should i get a lawyer to file the paperwork or can i do it on my own? all advice is appreciated thanks!

 

[jharris352]

Income is income, is income. This isn't her money it is the children's money. Severance is income just like pay. I understand it is all you have, but it is all they have too. No judge is going to reduce your child support so that you can keep all your severance. I would move for a reduction until you get a new job, but he/she is going to take your severance into account.

 

[EastBayBeast510]

Income is income, is income. This isn't her money it is the children's money. Severance is income just like pay. I understand it is all you have, but it is all they have too. No judge is going to reduce your child support so that you can keep all your severance. I would move for a reduction until you get a new job, but he/she is going to take your severance into account.

so when i try and modify payments there might be a chance my child support is raised? our child support amount was agreed on(not calculated). is it even worth going to court for? should i just remain paying my usual cs? thanks

 

[Proserpina]

You must get the modification before you actually start paying a lower amount.

Every time you go to court there's always a chance that support could be raised, not lowered - in your case much will depend on exactly how much the severance is.

 

[Duranie]

If you are getting a severence you are not entitled to reduce your child support until your severenc runs out. By putting in for a decrease you will be required to submit bank statements, pay stubs and if there is severence on there, it will not look good. You can put in for a reduction when severence runs out.

My husband was in the exact same predicament as you. In the end he decided putting in for a decrease was not worth it since he got a nice severence and they asked for all this financial info. He just kept paying the same amount.

 

[barbie77]

First I have to say that dads child support isn't "all they've got too" If mom has income they have hers too. Yes child support may technically be the "childrens money" but that isn't always whats going on... I would say if the severence is going to be a nice size and you think they might try to raise it I would stay paying the same. However, now that the mom knows he's getting a nice size severence couldn't mom get gready and want to take him back to court to raise it because now she knows he has a good bit of money coming to him...? Good luck EastBayBeast!!

 

[Duranie]

Mom has no grounds to try and take him back for more because Dad does not have an income increase, it is severance for losing his job. Most courts woulds not give mom more, but Dad would be required to pay the same.

 

[Proserpina]

Well, honestly? It depends on the size of the severance. If Dad was given the equivalent of say, five years' salary - I can absolutely see a court ordering him to pay more.