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

[icespider]

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?

No, this was discussed and agreed upon several times throughout the marriage. It occurred prior to separation and divorce.

 

[icespider]

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

Does that limit my ability to attend school? I mean, legally can they drop me or something?

My lawyer didn't tell me anything. She's really slow to respond, or doesn't respond at all until I hound her with emails and phone calls.

 

[I'mTheFather]

No, this was discussed and agreed upon several times throughout the marriage. It occurred prior to separation and divorce.

Well, that's a horse of a different color. Did you really think she wouldn't change her mind after the marriage fell apart? Or that you could use that to support your court case?

 

[ecmst12]

Why would your school give a hoot about your personal debts?

 

[tuffbrk]

The courts will expect you to use your assets, including severance, to pay whatever is ordered. If you cannot support your ex based on current income, they will not care if they believe that you are purposely underemployed. If you can't replace your former income, be prepared to be told to get a 2nd job.

Exactly when did you leave your job and enroll at school as compared to when the divorce was filed? If you were already in school for a year, you may be granted some credibility that it wasn't your intention to be willfully underemployed.

So far as only using current financials to make an award? I've checked through a few sites on UT to see if there is specific language on what financial documents are reviewed and wasn't able to find any specifics- although I only did a pretty quick search. I would venture to say it is unrealistic to only expect current year finances to be reviewed. Courts have a tendency to want to review salary and financial history in the event one of the parties took actions to reduce their salary during, or just before, divorce filings.

I would encourage you to obtain a second attorney opinion.

 

[icespider]

The courts will expect you to use your assets, including severance, to pay whatever is ordered. If you cannot support your ex based on current income, they will not care if they believe that you are purposely underemployed. If you can't replace your former income, be prepared to be told to get a 2nd job.

Exactly when did you leave your job and enroll at school as compared to when the divorce was filed? If you were already in school for a year, you may be granted some credibility that it wasn't your intention to be willfully underemployed.

So far as only using current financials to make an award? I've checked through a few sites on UT to see if there is specific language on what financial documents are reviewed and wasn't able to find any specifics- although I only did a pretty quick search. I would venture to say it is unrealistic to only expect current year finances to be reviewed. Courts have a tendency to want to review salary and financial history in the event one of the parties took actions to reduce their salary during, or just before, divorce filings.

I would encourage you to obtain a second attorney opinion.

Thanks tuffbrk, this is the type of interaction/advice I was hoping for in this forum. I'm very much out of my element, but this helps me a lot.

 

[tuffbrk]

Thanks tuffbrk, this is the type of interaction/advice I was hoping for in this forum. I'm very much out of my element, but this helps me a lot.

You're welcome and good luck to you. Keep reading the forums. It really helps.