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max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1893
Experience:  I am responsive, respectful, and relentless.
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What is the child support law regarding supplementary/secondary employment?

Resolved Question:

What is the child support law regarding supplementary/secondary employment?
Submitted: 1 year ago via ChildSupportLaws.
Category: Family Law
Expert:  max713 replied 1 year ago.

max713 :

Hi. I thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.

max713 :

In Texas, a supplementary employment with supplementary income is included in deductible expense for the purpose of child support.

max713 :

Sorry, I mean that they can garnish any income - if it was unclear how I phrased that.

max713 :

In fact, they can garnish any of the following as far as "net income" for child support purposes:

max713 :

  1. 100% of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

  2. interest, dividends, and royalty income;

  3. self-employment income;

  4. net rental income (defined as rent after deducting operating expenses and mortgage payments, but NOT including non-cash items such as depreciation); and

  5. all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

max713 :

Hence, the answer is that it is added to your prior net income, and the amount taken out is at the prior rate after including the added amount.

max713 :

So, it is quite likely it would be garnished again.

max713 :

Do you have any further questions? I welcome any and all - as I am here exclusively to serve you.

max713 :

Also, in Texas, the rate is the following, after net income is calculated:


• 20 % for one child


• 25 % for two children


• 30 % for three children


• 35 % for four children


• 40 % for five children


• Not less than 40 % for six children

max713 :

Also, child support is NOT a deductible expense; I merely mis-worded the first sentence.

max713 :

Please ask ANY and ALL follow up questions on your mind. I am here to serve you.

Customer:

How was the garnishment able to be stopped the last time? Will filling out a support review questionaire count as me requesting a review, disabling me from doing so for another three years?

max713 :

Good questions.

max713 :

It was likely stopped because it wasn't included in the prior order.

max713 :

As per the review, if they find that your secondary income is within "net income" as it should be, you will likely be charged for it after completion of the review.

max713 :

As circumstances change, one can always request a changed order based on any substantial change in circumstances.

max713 :

Otherwise, there is a 3 year period before it can be reviewed - yes.

Customer:

Would that cause me to owe arrears?

max713 :

It's only from the point of the newly charged amount that one owes more. If you were ordered to pay more and didn't pay, you may owe arrears though.

Customer:

It comes out at the payroll office, so if they order it payed I have no means not to pay. Could I go about my business and dispute this again successfully? What happens, generally, if the review questionaire is not submitted?

max713 :

It is unlikely that you can dispute it again successfully, and you will likely owe arrears here. If you actually make less than that amount, you can challenge it in court by filing for a changed order. Otherwise, you cannot submit a review to lessen the amount if you've already done so within the past year.

max713 :

If you've been ordered to fill out a questionnaire, you could be held in contempt for failing to do so.

max713 :

Moreover, it could look like a bad faith evasion of an honest effort by child support to collect.

max713 :

Do you have any further questions? I welcome any and all, as I am here to serve you.

Customer:

True, but no one wants to pay more than they have to, which seems to happen often. Just to clarify, my primary employment and secondary employment(which varies greatly in pay but never comes close to the amount I am payed by primary) will be lumped together and a new monthly amount assigned based on 25% of that total?

max713 :

Assuming you are paying for two children, the answer to your question is "correct".

Customer:

Just one child. Because I was not represented during the initial support proceedings, the helpful employees of OAG assigned me at 25%. The review documents do not say that I am ordered to complete them, rather, please complete and return. Anyway, thanks for the info. Excellent service and response time.

max713 :

You are most welcome. It's my pleasure.

max713 :

I hope you have a wonderful day.

max713 :

Please remember to rate me before you leave.

Customer:

Likewise

max713, Lawyer
Category: Family Law
Satisfied Customers: 1893
Experience: I am responsive, respectful, and relentless.
max713 and 4 other Family Law Specialists are ready to help you

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