So about that severance you're getting... yeah, I want it all

[icespider]

What is the name of your state (only U.S. law)? Utah

I am wondering about severance and my ex's ability to claim half or part of it-
While separated, I quit my job to return to school to get a BA degree in biology. My employer was great, and offered a severance for 18 months to get me through school. Now my ex has filed temporary orders to get some of this money (actually all of it). I'm wondering what I should be prepared for when I go to court in front of the commissioner.
Here are some additional bits of info:
She's been financially independent for the past 11 months, paying for rent, food, etc., including a brand new $25k car.
She took all of the assets
I took all of the debt (credit card and tax debt of $18k)
After my regular expenses (debt payments, rent, tuition, etc.), I am at zero or below.
Oh, and I put her through school to get her degree, not sure if that's factored in somehow.

The way I am looking at it (tell me if I'm wrong), is that her need for my money does not exist, and my ability to pay simply isn't there. I know the law doesn't always make sense or seem right, so what should I be prepared for?

 

[ecmst12]

For you each to get half the marital assets and half the marital debts. Why would you agree to take all of the debt? You need a lawyer, clearly.

 

[icespider]

I agreed to take the debt if she went her own way and didn't bother me with alimony, although nothing was signed or finalized. We both have lawyers now, her's is fighting to keep all assets, zero debt, and more money than I take home. Mine is fighting for zero alimony and equal distribution of assets/debt. Mediation was a joke- they wouldn't budge. So, temporary order hearing is tomorrow! I'm just incredibly nervous that she gets everything. Seems to happen in Utah.

 

[ecmst12]

I certainly don't see any justification for her to be given what she wants. But you should listen to your lawyer.

 

[Bali Hai]

I agreed to take the debt if she went her own way and didn't bother me with alimony, although nothing was signed or finalized. We both have lawyers now, her's is fighting to keep all assets, zero debt, and more money than I take home. Mine is fighting for zero alimony and equal distribution of assets/debt. Mediation was a joke- they wouldn't budge. So, temporary order hearing is tomorrow! I'm just incredibly nervous that she gets everything. Seems to happen in Utah.

That happens everywhere.

 

[Ohiogal]

So before you quit your job how much were you earning? More than her? More than what you got for severance? You are voluntarily underemployed.

 

[xylene]

It was maybe a mistake to go back to school before finalizing the divorce.

 

[icespider]

They based alimony on historical income, although my termination was eminent had I not left voluntarily.
Is there anything that can be done to re-evaluate the income after a period of time (the sooner the better)? I cannot find a job that pays anywhere close to my historical income. I don't think my ability to pay was looked at fairly.
My lawyer said not to worry, and we'll be just fine. She wasn't prepared to fight this case based on historical income, and pretty much lost. Time for a new lawyer?

 

[icespider]

So before you quit your job how much were you earning? More than her? More than what you got for severance? You are voluntarily underemployed.

Yes, I am voluntarily underemployed. The argument is that my ex knew of my plans to return to school, and agreed with that plan. She was willing to support me financially when I returned to school.
I tried to argue that my ex is also voluntarily underemployed, with a teaching degree but working in a call center for $1000 less/month. The judge overlooked that or thought it wasn't relevant.

 

[ecmst12]

Wait you had court today?

 

[icespider]

Wait you had court today?

I had a hearing for temporary orders today. When I said "judge" I meant "commissioner".
Opposing counsel agreed to entertain some settlement offers after the ruling, and if that doesn't work, its off to court.

I was told by a retired UT judge that he based his rulings on current income, so I'm a little confused as to why so much of this is up to interpretation or opinion.

Anyway, any suggestions for moving forward are greatly appreciated.
Thanks.

 

[ecmst12]

I would definitely look into a more experienced attorney, at least for a consult/second opinion. It is just a temporary order which is usually easier to get alimony for compared to a final order, but still something to take seriously.

 

[icespider]

So what happens if I simply can't pay the whole ordered alimony payment? I don't have any savings, zero assets, and I can't just pick up a job with my previous income by the end of the month. At what point do they factor in the time it would take to find a job? (I think average these days is 4-6 months)

 

[ecmst12]

Then you'll be in contempt and start accruing arrears. What did your lawyer tell you?

 

[I'mTheFather]

What is the name of your state (only U.S. law)? Utah

While separated, I quit my job to return to school to get a BA degree in biology.

... my ex knew of my plans to return to school, and agreed with that plan. She was willing to support me financially when I returned to school.

So, after you separated, your wife supported your decision to quit your job and also agreed to support you financially? After you separated? When she knew there was a real possibility of divorce? When you presumably lived apart?

Hm, she seems so generous. What changed her mind?