Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Severance and the ex California

  • Filter
  • Time
  • Show
Clear All
new posts

  • Severance and the ex California

    My fiance lost his job this last August, got another job in September. His co. revoked his 6 month severance and he has hired an attorney to go after it. There was NO interruption in child support and alimony in the time he was unemployed. 1)Is the ex entitled to a piece of the severance if he does receive? What if it is classified as a legal settlement and NOT compensation. 2) In anticipation of a period of unemployment, he filed paperwork with the courts to modify support--she believes he should have to take money out the house, 401K, etc., in order to pay if there was no income--is this true??? He pays a good $ in support every mo. (3 kids and alimony) and we are trying to save...very difficult. We have to have some rights? Right?...or is this just California!!!!

  • #2
    I can address the first question only. All child support orders have used basically the same form and the same rules for quite some time now. The federal CCPA law uses a broad defintion of wages which certainly includes severance pay, and all other types of wages. So severance pay is certainly subject to wage withholding unless the support order specifically excludes this (and it should not- this things use very standard language).

    Your other two questions I will have to defer to someone else.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.