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    Question about severance pay

    I havent worked since Feb due to medical complications, found out on Friday that my dept was closing and I would be getting a severance payment as I had been there 5 years. I am contemplating turning it down due to my attorney saying that I cant have any income, my husband makes $37000 a year and we are a family of 4, its well below the median in Washington state.
    Also, I am pregnant and on DSHS medical, would taking the severance pay jepordise my medical benefits?
    I really could do with the money as I have nothing bought for the new baby and he arrives in 9 weeks, but i guess I am afraid to take it. We will be filing CH7 in Oct.
    TIA

    #2
    Two quick questions first so we can help you better....how much is the severance payment? Is it a one-time payment or disbursed in portions?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      I can get it either in one lump sum or seperate payments. It will be roughly $3000 total.

      Comment


        #4
        Originally posted by anmartin31 View Post
        I can get it either in one lump sum or seperate payments. It will be roughly $3000 total.
        With a new baby coming, if you take the bonus as a lump sum now, I'm sure you could spend $3,000 completely on the baby and other legitimate family needs before you file.

        With your husband's income being only $37K for a family of 4, adding $3K to your combined income if you take the severance will not put you over the median for your state. Unless there are other circumstances that you didn't share, I don't understand why your lawyer is worried about you adding $3K of income - did he/she explain their reasoning about that? Could you have possibly misunderstood your lawyer?

        Also, I am pregnant and on DSHS medical, would taking the severance pay jepordise my medical benefits?
        I don't know. This would be an excellent question for the HR person at your firm who has been handling your medical benefits.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          I would find out the effect of the payment on your insurance coverage before I worried how it would effect your BK, which is unlikely in a negative sense.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment


            #6
            Ohioflier, I did some research and DSHS counts severance as income. I am going to ask HR is they can hold the severance until after the baby is born as my medical is more important.

            Comment


              #7
              Originally posted by anmartin31 View Post
              Ohioflier, I did some research and DSHS counts severance as income. I am going to ask HR is they can hold the severance until after the baby is born as my medical is more important.
              The question then becomes will $3,000 severance actually effect your DSHS. I don't have any idea but I'd try to find out. Legally, your employer can't hold your severance pay.
              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

              Comment


                #8
                DSHS would see it as income for the month and would stop benefits until my spend down was back to zero. I was thinking about asking my ex employer to post date the check or delay the severance until after the baby is born.

                Comment

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