Entitlement to part of severance package

[Ironica]

Good morning,

My x-husband is losing his job at the end of this month. Previously he made considerably more than I, and the his combined child support and alimony provided over 2/3 of my total income.

He has done nothing to re negotiate our agreement and has been "stalling" by not showing up to the mediation apt. I had instigated. My gut tells me he is just trying to delay until after he receives his severance package so that he doesn't have to share that with the kids and I.

I've tried to discuss this with him to find out what he thinks is fair.

His position is that he is the one who worked at his employer for the last 11 years, so we are not entitled to a part of it. He talks about how bad off he is financially. He did not want to tell me the amount he is getting.

I would give anything in the world to not need money from him, but the bottom line is, I do. I'm a graduate student and my only other source of income currently is loans.

What is fair and reasonable in this situation?
Do we have a right to a part of his severance?
What happens if I don't pursue a renegotiation? ( So far he has taken no legal action and I doubt he will)

Thank you for your help!
Ironica

 

[Duranie]

First of all, it is not realistic for you to live off of alimony and child support. You need to get a job. You do not really get to be a fulltime student and stick it to your ex to support not only your kids but you. You have no idea how much he is getting for severance if any at all. Severence is not required in most states but if he has lost his job he likely has diminished earnings capacity and he can apply for a reduction in child support and alimony but he needs to apply for it. Figure out how you are going to support your kids with no job and less money from him. If he gets a severance, you are still probably entitled to the minimum support guidelines but keep in mind this money is to help him survive since he has lost his job, you are not entitled to any bulk part of it most likely. You are voluntarily unemployed, he is not.

 

[Ironica]

First of all,
I am not voluntarily unemployed. Are you aware of the economy we are living in? I am certainly not the only person going back to school at this time to become more employable... AND that was a part of our original agreement, he would pay support while I became employable through education. None after.

Secondly, I did not go into great detail about any information that is not relevant to the legal side of this. My question was about legal entitlement.

I do know what he is getting for severance and after talking to an attorney today, learned that he would be required to share a part of it with us. Actually the attorneys exact words were:

"No court of law would award you and the kids "0" from his severance package."

Thank you for taking the time to respond to my question.