garnishing wages from second job? (texas)

[usedstepmom]

What is the name of your state? TEXAS
My husband worked a one time job in Dallas for a week for extra money, and the AG's office garnished child support. Is this supposed to happen just for a temporary job?
Thank you...

 

[qurice]

What is the name of your state? TEXAS
My husband worked a one time job in Dallas for a week for extra money, and the AG's office garnished child support. Is this supposed to happen just for a temporary job?
Thank you...

My case also goes through OAG. Each time I have worked a seasonal or temp job, there has always been a withholding writ issued. I've had it happen twice and it appears to be automatic. If your husband is current and is currently paying the correct amount, he can usually call the CSU and have it corrected. He should contact them as soon as he gets the withholding notice and BEFORE they actually garnish. But if your husband is in arrears, the withholding order will stay in place.

This is just from my experience so hopefully ceara19 will return and clarify if I am wrong.

 

[BelizeBreeze]

What is the name of your state? TEXAS
My husband worked a one time job in Dallas for a week for extra money, and the AG's office garnished child support. Is this supposed to happen just for a temporary job?
Thank you...

Yep. It can and should happen for any job until the support (whether arrears or not) are paid in full.

 

[MrsK]

Check your state laws. Sometimes states have laws about 2nd jobs. For example, in Louisiana, if a NCP has a 2nd job and he got it to provide more for his family, the NCP can ask the courts to leave that money alone.

This is for MY state, you will have to look for something similar for Texas, if it exists.

>>§315.12. Second jobs and overtime

The court may consider the interests of a subsequent family as a defense in an action to modify an existing child support order when the obligor has taken a second job or works overtime to provide for a subsequent family. However, the obligor bears the burden of proof in establishing that the additional income is used to provide for the subsequent family.

 

[BelizeBreeze]

EVERY state allows the paying party to ASK. Whether or not the court agrees is a matter of fact for the judge to decide.

By the way, Texas has no limit on the amount of "disposable Earnings" subject to Garnishment.

 

[qurice]

I've been told by caseworkers at OAG that income from second jobs won't be included however, statutes say "net resources for the purpose of determining child support include 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses)" § 154.062. That makes me think that it will be, is that assumption correct?

 

[Gracie3787]

Yep. It can and should happen for any job until the support (whether arrears or not) are paid in full.

It depends. If a NCP is current on support, owes no arrears, has a job that garnishment of full amount of CS is already being done- then no- a second job should NOT be garnished. To do so is forcing a NCP to pay MORE than what is court ordered.

 

[usedstepmom]

wage garnishment texas

He is current, always has been. He NEVER got a notice that they would withhold his income from this job. It is something he does every 6 months for extra money. He was very surprised when child support was withheld. He is only ordered a certain amount, that comes directly out of his regular paycheck. He only has 3 months to go, so it will probably not ever get resolved......I think it would have been different if he had been notified....I don't see how they can do it without him knowing first.