Child Support

[I cry_ in_the_dark]

If I took on a part time job in addition to my full time job, would that be figured into what I pay out for child support also?

[nosonew]

Income is income unless they pay you in cash, on the side.  My dh would love to get a second job, but won't, just for this reason! Even now that we have custody, a 2nd job would decrease her amt to pay, and we won't be having any of that!

[Peanutsdad]

I faced a lot of the same frustration. If I worked overtime or took a second job, she could have taken me back for an increase in cs. THEN the trap is,, if you quit the second job, or dont work overtime, and ask for a downward mod,, you get told you are voluntarily underemployed and they deny you.

[socrateaser]

Your order will remain as it is until the other parent requests a modification of support. At that time, if you have additional income then you are obliged to disclose this fact, and the court must consider it for the purpose of calculating support.

However, you have considerable negotiating leverage with regard to a second job if you are already working full time, because no court can order a person to work more than 40 hours per week supporting their child (that would be presumptive slavery). Therefore, if the other parent demands support based on the additional job, you can simply state that you will quit and there isn't a damn thing that anyone can about it.

And, once you quit, then the motion to modify would become moot because there would no longer be a change in circumstances (no income change), and the court would be forced to deny the motion.

So, as a practical matter, the answer to your question is NO.

[I cry_ in_the_dark]

Thanks.

Finally, something to make me feel better.