TX: Layoff, Severance, & Child Support

[jasonm]

After 7 years with the same company, I was part of a layoff. As a
result, I am to receive a severance package. In the agreement, it
states that this package is not something that would have been
normally expected by the employee. I did receive a final payment for
vacation and remaining salary for the pay period. I did not know about
this package until the day I was walked out.

Child support for my son has been deducted the past 6 years from my
salary. I assume that a portion of my separation package is going to
be given to his mother but I have no clue what percentage.

I did not mind the support when I was employed, but now I'm worried
about paying my own bills. I feel that the circumstances have changed
in where the support that my ex wife gets should be renegotiated. I
say this because my ex is living rent free in her mother's house (not
with her mother) and she's also getting money from an ex live-in
boyfriend that she had in that house for a number of years.

I'm a little discouraged that she's got it made with an income coming
to her from 2 sources (me and her ex live-in).. not to mention living
rent free in a house that her mother owns... and I'm out on the street
with no job, no benefits, temporary income on unemployment until I
find something else.

I love my son, that is not in question. I am dedicated to supporting
him but I feel that his mother does not care about the fact that my
financial outlook is grim.

Thank you for your suggestions/comments.

[Zen Cohen]

"jasonm" > wrote in message
...
> After 7 years with the same company, I was part of a layoff. ...
> Child support for my son has been deducted the past 6 years from my
> salary. I assume that a portion of my separation package is going to
> be given to his mother but I have no clue what percentage.
.....I feel that the circumstances have changed
> in where the support that my ex wife gets should be renegotiated. I
> say this because my ex is living rent free in her mother's house (not
> with her mother) and she's also getting money from an ex live-in
> boyfriend that she had in that house for a number of years.

You may have grounds to modify the support order. Below are the statutory
grounds in TX and a link to the entire statute. It would be a very good
idea to consult with a family law specialist. Texas Bar has a lawyer
referral service with a cheap initial consult fee: 1-800-252-9690. If you
can't afford it, try calling the Houston Bar Association Legaline
(713-759-1133; first and third Wednesdays of every month, 5 pm to 9 pm) or
your local bar association for suggestions and pro bono resources. Also can
try searching the web for family law resources in Texas.
§ 156.401. Grounds for Modification of Child Support

(a) Except as provided by Subsection (b), the court may modify an order that
provides for the support of a child if:

(1) the circumstances of the child or a person affected by the order have
materially and substantially changed since the date of the order's
rendition; or

(2) it has been three years since the order was rendered or last modified
and the monthly amount of the child support award under the order differs by
either 20 percent or $100 from the amount that would be awarded in
accordance with the child support guidelines.

(b) A support order may be modified only as to obligations accruing after
the earlier of:

(1) the date of service of citation; or

(2) an appearance in the suit to modify.

(c) An order of joint conservatorship, in and of itself, does not constitute
grounds for modifying a support order.

(d) Release of a child support obligor from incarceration is a material and
substantial change in circumstances for purposes of Subsection (a)(1) if the
obligor's child support obligation was abated, reduced, or suspended during
the period of the obligor's incarceration.

http://www.capitol.state.tx.us/statutes/fa/fa0015600.html#fa012.156.401

[Zen Cohen]

"jasonm" > wrote in message
...
> After 7 years with the same company, I was part of a layoff. ...
> Child support for my son has been deducted the past 6 years from my
> salary. I assume that a portion of my separation package is going to
> be given to his mother but I have no clue what percentage.
.....I feel that the circumstances have changed
> in where the support that my ex wife gets should be renegotiated. I
> say this because my ex is living rent free in her mother's house (not
> with her mother) and she's also getting money from an ex live-in
> boyfriend that she had in that house for a number of years.

You may have grounds to modify the support order. Below are the statutory
grounds in TX and a link to the entire statute. It would be a very good
idea to consult with a family law specialist. Texas Bar has a lawyer
referral service with a cheap initial consult fee: 1-800-252-9690. If you
can't afford it, try calling the Houston Bar Association Legaline
(713-759-1133; first and third Wednesdays of every month, 5 pm to 9 pm) or
your local bar association for suggestions and pro bono resources. Also can
try searching the web for family law resources in Texas.
§ 156.401. Grounds for Modification of Child Support

(a) Except as provided by Subsection (b), the court may modify an order that
provides for the support of a child if:

(1) the circumstances of the child or a person affected by the order have
materially and substantially changed since the date of the order's
rendition; or

(2) it has been three years since the order was rendered or last modified
and the monthly amount of the child support award under the order differs by
either 20 percent or $100 from the amount that would be awarded in
accordance with the child support guidelines.

(b) A support order may be modified only as to obligations accruing after
the earlier of:

(1) the date of service of citation; or

(2) an appearance in the suit to modify.

(c) An order of joint conservatorship, in and of itself, does not constitute
grounds for modifying a support order.

(d) Release of a child support obligor from incarceration is a material and
substantial change in circumstances for purposes of Subsection (a)(1) if the
obligor's child support obligation was abated, reduced, or suspended during
the period of the obligor's incarceration.

http://www.capitol.state.tx.us/statutes/fa/fa0015600.html#fa012.156.401

[P.J. Hartman]

(jasonm) wrote in message
>...
> I did not mind the support when I was employed, but now I'm worried
> about paying my own bills. I feel that the circumstances have changed
> in where the support that my ex wife gets should be renegotiated.

Disclaimer: I am not a lawyer.

I am, however, a father and custodial parent of two small children.
Their mother pays me child support each month, though the amount is
small due. In my state (NE) you would need to file a motion to modify
the child support payments. This in turn would likely be heard by the
court and documents (W-2s, etc.) would be presented. Note that your
ex is NOT required to report income from child support to the IRS --
it's already been taxed. If she is not working, as you say, then
she'll have no income that she has to show the court. Your income,
however, will have changed since your layoff. Many times, though, a
judge will look at your ABILITY to produce income and make the
calculations from that. Such actions are to prevent persons from
willfully taking lower-paying jobs to get child support payments
reduced. If you've not been out of your job very long, you may meet
with little success. Better if you've been out of work for 60 days
and can show that you've attempted to find work.

Remember, when it comes to child support payments, the judge typically
looks at the interest of the child(ren) first, the parents second.

Good luck.

[P.J. Hartman]

(jasonm) wrote in message
>...
> I did not mind the support when I was employed, but now I'm worried
> about paying my own bills. I feel that the circumstances have changed
> in where the support that my ex wife gets should be renegotiated.

Disclaimer: I am not a lawyer.

I am, however, a father and custodial parent of two small children.
Their mother pays me child support each month, though the amount is
small due. In my state (NE) you would need to file a motion to modify
the child support payments. This in turn would likely be heard by the
court and documents (W-2s, etc.) would be presented. Note that your
ex is NOT required to report income from child support to the IRS --
it's already been taxed. If she is not working, as you say, then
she'll have no income that she has to show the court. Your income,
however, will have changed since your layoff. Many times, though, a
judge will look at your ABILITY to produce income and make the
calculations from that. Such actions are to prevent persons from
willfully taking lower-paying jobs to get child support payments
reduced. If you've not been out of your job very long, you may meet
with little success. Better if you've been out of work for 60 days
and can show that you've attempted to find work.

Remember, when it comes to child support payments, the judge typically
looks at the interest of the child(ren) first, the parents second.

Good luck.

[Arthur L. Rubin]

(mailed and posted, to avoid NSP bug. Please reply in newsgroup)

jasonm wrote:
>
> After 7 years with the same company, I was part of a layoff. As a
> result, I am to receive a severance package....

> Child support for my son has been deducted the past 6 years from my
> salary. I assume that a portion of my separation package is going to
> be given to his mother but I have no clue what percentage.

If it's back child support, probably 50% after taxes, but
before "voluntary" deductions. If it's current child support,
it might not be more than the amount currently deducted from
your paychecks, or at most that amount multiplied by the
ratio of the severance period to your normal payroll; i.e.,
if you are paid every 2 weeks, and the severance is 7 weeks' pay,
you'll have 3 1/2 times your normal payroll deduction.

NOTE: I am not a lawyer. I DO, however, represent
an employer in California, and that's what the County
informs me. (Please note, in regard UPL statutes --
it might be more correct to say that I'm an unpaid
agent of a trust which is the employer, where my
wife is the trustee.)

>
> I did not mind the support when I was employed, but now I'm worried
> about paying my own bills. I feel that the circumstances have changed
> in where the support that my ex wife gets should be renegotiated.

I quite agree, as a moral issue (unless, of course, you conspired
with your employer to be laid off). As a legal issue, you'll need
to petition the Court for a modification.

NOTE: I have no personal experience here.

[Arthur L. Rubin]

(mailed and posted, to avoid NSP bug. Please reply in newsgroup)

jasonm wrote:
>
> After 7 years with the same company, I was part of a layoff. As a
> result, I am to receive a severance package....

> Child support for my son has been deducted the past 6 years from my
> salary. I assume that a portion of my separation package is going to
> be given to his mother but I have no clue what percentage.

If it's back child support, probably 50% after taxes, but
before "voluntary" deductions. If it's current child support,
it might not be more than the amount currently deducted from
your paychecks, or at most that amount multiplied by the
ratio of the severance period to your normal payroll; i.e.,
if you are paid every 2 weeks, and the severance is 7 weeks' pay,
you'll have 3 1/2 times your normal payroll deduction.

NOTE: I am not a lawyer. I DO, however, represent
an employer in California, and that's what the County
informs me. (Please note, in regard UPL statutes --
it might be more correct to say that I'm an unpaid
agent of a trust which is the employer, where my
wife is the trustee.)

>
> I did not mind the support when I was employed, but now I'm worried
> about paying my own bills. I feel that the circumstances have changed
> in where the support that my ex wife gets should be renegotiated.

I quite agree, as a moral issue (unless, of course, you conspired
with your employer to be laid off). As a legal issue, you'll need
to petition the Court for a modification.

NOTE: I have no personal experience here.

[David W.]

(P.J. Hartman) wrote in
:

> (jasonm) wrote in message
> >...
>> I did not mind the support when I was employed, but now I'm worried
>> about paying my own bills. I feel that the circumstances have changed
>> in where the support that my ex wife gets should be renegotiated.
>
> Disclaimer: I am not a lawyer.
>
> I am, however, a father and custodial parent of two small children.
> Their mother pays me child support each month, though the amount is
> small due. In my state (NE) you would need to file a motion to modify
> the child support payments. This in turn would likely be heard by the
> court and documents (W-2s, etc.) would be presented. Note that your
> ex is NOT required to report income from child support to the IRS --
> it's already been taxed. If she is not working, as you say, then
> she'll have no income that she has to show the court. Your income,
> however, will have changed since your layoff. Many times, though, a
> judge will look at your ABILITY to produce income and make the
> calculations from that. Such actions are to prevent persons from
> willfully taking lower-paying jobs to get child support payments
> reduced. If you've not been out of your job very long, you may meet
> with little success. Better if you've been out of work for 60 days
> and can show that you've attempted to find work.
>
> Remember, when it comes to child support payments, the judge typically
> looks at the interest of the child(ren) first, the parents second.

The problem with waiting a while to see if he finds work is that his child
support obligation continues even if he can't afford to pay it. In many
states, there are also monetary penalties automatically assessed when
payments fall behind. As well, he could be arrested and jailed for failure
to make the full payment each month. Even if he avoids that, he stands a
good chance of starting a new job with a staggering amount of back child
support owed, with further wage garnishments, etc.

[David W.]

(P.J. Hartman) wrote in
:

> (jasonm) wrote in message
> >...
>> I did not mind the support when I was employed, but now I'm worried
>> about paying my own bills. I feel that the circumstances have changed
>> in where the support that my ex wife gets should be renegotiated.
>
> Disclaimer: I am not a lawyer.
>
> I am, however, a father and custodial parent of two small children.
> Their mother pays me child support each month, though the amount is
> small due. In my state (NE) you would need to file a motion to modify
> the child support payments. This in turn would likely be heard by the
> court and documents (W-2s, etc.) would be presented. Note that your
> ex is NOT required to report income from child support to the IRS --
> it's already been taxed. If she is not working, as you say, then
> she'll have no income that she has to show the court. Your income,
> however, will have changed since your layoff. Many times, though, a
> judge will look at your ABILITY to produce income and make the
> calculations from that. Such actions are to prevent persons from
> willfully taking lower-paying jobs to get child support payments
> reduced. If you've not been out of your job very long, you may meet
> with little success. Better if you've been out of work for 60 days
> and can show that you've attempted to find work.
>
> Remember, when it comes to child support payments, the judge typically
> looks at the interest of the child(ren) first, the parents second.

The problem with waiting a while to see if he finds work is that his child
support obligation continues even if he can't afford to pay it. In many
states, there are also monetary penalties automatically assessed when
payments fall behind. As well, he could be arrested and jailed for failure
to make the full payment each month. Even if he avoids that, he stands a
good chance of starting a new job with a staggering amount of back child
support owed, with further wage garnishments, etc.

[P.J. Hartman]

"David W." > wrote in message
>...
> > she'll have no income that she has to show the court. Your income,
> > however, will have changed since your layoff. Many times, though, a
> > judge will look at your ABILITY to produce income and make the
> > calculations from that. Such actions are to prevent persons from
> > willfully taking lower-paying jobs to get child support payments
> > reduced. If you've not been out of your job very long, you may meet
> > with little success. Better if you've been out of work for 60 days
> > and can show that you've attempted to find work.

> The problem with waiting a while to see if he finds work is that his child
> support obligation continues even if he can't afford to pay it. In many
> states, there are also monetary penalties automatically assessed when
> payments fall behind. As well, he could be arrested and jailed for failure
> to make the full payment each month. Even if he avoids that, he stands a
> good chance of starting a new job with a staggering amount of back child
> support owed, with further wage garnishments, etc.

I'll certainly not argue that. But to modify a support order usually
requires a material change of circumstances. A judge may reason that
it's only been 15-30 days since termination, and that the poster is
likely to find a similar-paying position in the immediate future.
It's hard to tell in these cases, as my attorney has informed me.

The poster's best off to consult a local attorney who deals in these
sorts of matters regularly. That'd be my ultimate suggestion.

[P.J. Hartman]

"David W." > wrote in message
>...
> > she'll have no income that she has to show the court. Your income,
> > however, will have changed since your layoff. Many times, though, a
> > judge will look at your ABILITY to produce income and make the
> > calculations from that. Such actions are to prevent persons from
> > willfully taking lower-paying jobs to get child support payments
> > reduced. If you've not been out of your job very long, you may meet
> > with little success. Better if you've been out of work for 60 days
> > and can show that you've attempted to find work.

> The problem with waiting a while to see if he finds work is that his child
> support obligation continues even if he can't afford to pay it. In many
> states, there are also monetary penalties automatically assessed when
> payments fall behind. As well, he could be arrested and jailed for failure
> to make the full payment each month. Even if he avoids that, he stands a
> good chance of starting a new job with a staggering amount of back child
> support owed, with further wage garnishments, etc.

I'll certainly not argue that. But to modify a support order usually
requires a material change of circumstances. A judge may reason that
it's only been 15-30 days since termination, and that the poster is
likely to find a similar-paying position in the immediate future.
It's hard to tell in these cases, as my attorney has informed me.

The poster's best off to consult a local attorney who deals in these
sorts of matters regularly. That'd be my ultimate suggestion.

[John F. Carr]

In article >,
P.J. Hartman > wrote:
>"David W." > wrote in message
>...
>> The problem with waiting a while to see if he finds work is that his child
>> support obligation continues even if he can't afford to pay it. In many
>> states, there are also monetary penalties automatically assessed when
>> payments fall behind. As well, he could be arrested and jailed for failure
>> to make the full payment each month. Even if he avoids that, he stands a
>> good chance of starting a new job with a staggering amount of back child
>> support owed, with further wage garnishments, etc.
>
>I'll certainly not argue that. But to modify a support order usually
>requires a material change of circumstances. A judge may reason that
>it's only been 15-30 days since termination, and that the poster is
>likely to find a similar-paying position in the immediate future.

In some states a judge can order reduction in child support payments
retroactive to the date of filing of the complaint for modification,
but not earlier. If Texas is such a state, it may be advisable to
file early.


--
John Carr )

[John F. Carr]

In article >,
P.J. Hartman > wrote:
>"David W." > wrote in message
>...
>> The problem with waiting a while to see if he finds work is that his child
>> support obligation continues even if he can't afford to pay it. In many
>> states, there are also monetary penalties automatically assessed when
>> payments fall behind. As well, he could be arrested and jailed for failure
>> to make the full payment each month. Even if he avoids that, he stands a
>> good chance of starting a new job with a staggering amount of back child
>> support owed, with further wage garnishments, etc.
>
>I'll certainly not argue that. But to modify a support order usually
>requires a material change of circumstances. A judge may reason that
>it's only been 15-30 days since termination, and that the poster is
>likely to find a similar-paying position in the immediate future.

In some states a judge can order reduction in child support payments
retroactive to the date of filing of the complaint for modification,
but not earlier. If Texas is such a state, it may be advisable to
file early.


--
John Carr )