Severance Pay


#1

I just filed the motion to compel discovery to get the severance pay information which my ex received. How is that normally calculated? Since ex did not turn this in for 2 years, can he be ordered to pay the entire lump sum due? My son is now 6 and I have requested the 2 years back pay as a sanction to be imposed. However, calculating forward, now I have primary custody so the child support obligation has increased. Would they go by the amount he would have been figured into paying 2 years ago and based it on that percentage. As an estimate, I think the amount he received was $185,000.

Sorry for so many questions at once…just trying to figure this out before I go to court because the judges and lawyers here get confused easily it seems.


#2

He can be ordered to pay back support to make up for amounts he should have been paying all along. Most often arrearages are split up over several months to make it easier for the Defendant to comply with the Order to pay.

Support moving forward will be calculated using the Defendant’s actual income at present.


#3

so they would actually calculate the amount of severance pay as income for the year he received it and divide by 12 to figure his monthly income in addition to his self-employment income?


#4

yes