I have 2 jobs, so 2 child supports?

[ldwill27]

I am in Houston, Texas. I took an extra night job for more money. Currently paying about $800 a month in child support. They are trying to garnish another $800/month from the wages on my night job as well. How do I stop this?

 

[fairisfair]

I find nothing to indicate that Texas law holds exempt income from a second job. But rather, that the support is based on a flat rate of the net resources.

Which means....you can't stop it.

 

[LdiJ]

I find nothing to indicate that Texas law holds exempt income from a second job. But rather, that the support is based on a flat rate of the net resources.

Which means....you can't stop it.

I think you have it wrong. Yes, its true that TX child support is calculated on a flat rate, but once you have an order, it remains the same unless modified.

I think what he means is that they are trying to collect on the same child support order, twice. This isn't unusual. They don't know that this is a second job. They are assuming that he quit the first job and this is his new job.

He needs to contact the AG's office to get this straighten out.

 

[hearts41]

I am in Houston, Texas. I took an extra night job for more money. Currently paying about $800 a month in child support. They are trying to garnish another $800/month from the wages on my night job as well. How do I stop this?

Are you saying you are now paying 1600 a month is CS? Run your numbers through your state CS calculators.

 

[fairisfair]

I think you have it wrong. Yes, its true that TX child support is calculated on a flat rate, but once you have an order, it remains the same unless modified.

I think what he means is that they are trying to collect on the same child support order, twice. This isn't unusual. They don't know that this is a second job. They are assuming that he quit the first job and this is his new job.

He needs to contact the AG's office to get this straighten out.

Why would this be a change of the order?? if it is a % of the income, income increases...support increases.

I read the entire child support statute...I couldn't find anything exempting a second income for the obligor...Trust me....I was looking.

Poster, do you make the same amount of money at your new job as you did at the old (first) one???? have you run the numbers based on the total income of BOTH jobs? what is the support calculation? Does your order specify a $$ amount or a percentage of income???

I certainly agree he needs to contact the AG office.

 

[LdiJ]

Why would this be a change of the order?? if it is a % of the income, income increases...support increases.

I read the entire child support statute...I couldn't find anything exempting a second income for the obligor...Trust me....I was looking.

Poster, do you make the same amount of money at your new job as you did at the old (first) one???? have you run the numbers based on the total income of BOTH jobs? what is the support calculation? Does your order specify a $$ amount or a percentage of income???

I certainly agree he needs to contact the AG office.

No...what I am saying is that once an order is set, it still requires a modification to be increased even if the ncp's income increases. Even in TX orders don't just specify 20% of income (example) they specify an amount that is calculated based on 20% of income.

Plus, its 20% of net in TX and it would be really difficult to determine 20% of net on a second job in any kind of automated process....and no such automated process exists in TX or in any other state that uses a set percentage.

Seriously what is happening here (and again its quite common) is that new hires are reported to the AG's office, and the "system" is assuming that its a new job rather than a second job, and therefore is attempting to collect the full amount of CS currently ordered, from the second job.

Now, once the AG's office realizes that its a second job and not a change in primary employment, a review might be initiated, but what is going on right now is that that the 1st employer is obeying the wage withholding and continuing to withhold the CS, and the second employer has received the same order to withhold, because the AG thinks its a new job.

 

[ldwill27]

Thanks LdiJ

I think you are right, LdiJ. The AG is just automatically sending identical withholding info to my new job and not noticing I already have it in place at my primary job. There should be a hearing or something before they can do this... I will contact them and hope we can straighten it out.

 

[majomom1]

I think you are right, LdiJ. The AG is just automatically sending identical withholding info to my new job and not noticing I already have it in place at my primary job. There should be a hearing or something before they can do this... I will contact them and hope we can straighten it out.

No hearing is necessary. AG should contact your first employer and verify that you are still employed and working. Then they can withdraw the order from your second employer.

Now... if you are behind or they are not collecting the full amount from your first employer, they will still attach the withholding order to your second job to collect any difference.

Next time your child support is modified, it could increase due to the income from this second job.

 

[jctmt1576]

i have 2 jobs so 2 cs's

if you have a cs order, no matter what the amount is and your paying from your job, if you get a second job, your eventually gonna pay more money. your probably figuring your first job is for paying bills and cs and the second is for extra income. wrong. if your ex knows or finds out that your working a second job, she'll come after you for more money. I'm a female and I'm telling you this, unless she's the type that is satisfied with the money that she's getting and isn't money hungry. but if she were to be working 2 or 3 jobs and is getting money from the ncp, she's fine, she doesn't have to quit or she won't have to worry about nothing.

 

[Gracie3787]

if you have a cs order, no matter what the amount is and your paying from your job, if you get a second job, your eventually gonna pay more money. your probably figuring your first job is for paying bills and cs and the second is for extra income. wrong. if your ex knows or finds out that your working a second job, she'll come after you for more money. I'm a female and I'm telling you this, unless she's the type that is satisfied with the money that she's getting and isn't money hungry. but if she were to be working 2 or 3 jobs and is getting money from the ncp, she's fine, she doesn't have to quit or she won't have to worry about nothing.

That is not always true. Some states, Florida for one, allows a NCP to have a second job that is exempt from being used to determine CS.
I've read some of your posts, you should not post unless you know exactly what the laws are.

 

[jctmt1576]

i have 2 jobs so 2 cs's

true that, it depends on what state your from, i'm from ny. i take it the second job won't be used as a means for more cs only if the ncp asks for it thru the judge?

 

[TinkerBelleLuvr]

true that, it depends on what state your from, i'm from ny. i take it the second job won't be used as a means for more cs only if the ncp asks for it thru the judge?

Please, please, please

Pretty please

STOP posting your drivel.

 

[qurice]

fairisfair is correct in the fact that nothing exempts second job income from CS obligations. However, getting a second job also will not trigger an automatic review, someone has to request it and it has to be determined to be enough of a change for a mod to be granted.

I have worked two jobs on several occassions (and am about to take on a second job again) and the OAG will ALWAYS try to garnish from the second job also.

LdiJ is correct with her assessment of what is happening. It's automated, no human is involved and no one goes to check whether your regular payments are coming in already or if you're still at your first job.

A phone call to the OAG has always taken care of it for me. They usually garnish one *maybe* two pay periods before my job gets the stop order.