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State Message Forums => Minnesota State Forum => Topic started by: bopeeponprozzak on Oct 25, 2004, 10:47:54 AM

Title: Can CS withold income from 2nd job?
Post by: bopeeponprozzak on Oct 25, 2004, 10:47:54 AM
I posted this in the main CS section as well, but figured I may as well post it here as well.

First of all, I am uing my wifes login because I couldnt sign up with my yahoo or hotmail addresses.

CS is currently withholding income for my CS obligations from my one part time job.  I am about to start another part time job, and am wondering if the state of MN can also withhold income from this second place of emplyment.

Title: RE: Can CS withold income from 2nd job?
Post by: bopeeponprozzak on Oct 25, 2004, 11:05:44 AM
To be a bit more precise....

I currently pay an approximate $430 a month for three children and back support  - all of which is withheld from my 1st part time job.

Can they also take an additional amount if I am to get a 2nd part time job?
Title: If your whole garnishment....
Post by: lucky on Oct 26, 2004, 06:35:06 AM
is withheld from your 1st job, they [em]shouldn't[/em] take anything from your second one.  Why would they?  Your monthly obligations are being met.

However, there's nothing to say that your ex won't find out and take you to court to get cs raised based on you having a 2nd job and they may raise it.

Then again, who has known CSE to be correct all the time or fair?

To sum it up:  they SHOULDN'T but be prepared in case they do -- because you'll probably end up overpaying and then you have to get that money BACK.
Title: RE: Can CS withold income from 2nd job?
Post by: hatewelfare on Oct 28, 2004, 06:17:47 AM
You said you work part time? If this is true and assumming that you are behind in CS (you said back CS) I would be suprised if they didn't withhold from a second job.

The reason...CS is based on a 40 hour week, even if you work part time.

If your CS order was based on a 40 hour week and they are taking it all from you 1st job how did you get behind? Judgement enter as back dated? Where you working full time before? How much are you behind?

All of these will play into a judges ruling if you fight CPS. The judge may order you to pay from the 2nd job only until you are caught up. CPS may not do anything also. If they do it will be hard to change I believe.

In my case I was working full time and got a second job part-time. I was never behind. I called the case worker and asked if they would take from my second job. She told me no and that they may consider it as income for with holding after a year or 2. I worked my part time job for 4 years and even through a raise in CS my ex brought on me. In that case the judge said she wouldn't take into account my part time job.

It all depends on how money hungery you ex is and what judge you have. If it was me...I would try and find a full time job...get caught up and then work a part time job for awhile. Then quit the part time job for awhile and start over.

 Probably easier said than done with the economy now...but you really need a full time job. (Not meant as a slam!)
Title: I missed the back support
Post by: lucky on Oct 28, 2004, 01:37:36 PM
part of that sentence, but honestly either me or hatewelfare could be right.  

Hatewelfare brought up some valid points that I didn't address as well, such as if your cs is based on part-time or full-time work.
Title: RE: Can CS withold income from 2nd job?
Post by: Lawmoe on Nov 02, 2004, 02:05:12 PM
Yes, if your current part time employment pay is insufficient to cover your child suport obligation, they may seek withholding from any revenue source.