Severance and the ex California

[lynncbrown]

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!!!!

[DAW]

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.