17 percent twice???

[VSPhilips]

I live in NY State. I need to know something. I have a job that pays @ 16.00 and they calculated for me to pay 17% of my gross pay @ 100/week. Times got a little hard and i had to get a second job. This second job only pays about 7/hr. part time. Child Support now wants to take the same amount a week (100.00) from the second job. That makes me working at the second job not worth it.

My question is... i was orderd by a judge to pay 17% of my gross pay when I only had one job, how can they (child support not a judge) inform my second job to take out the same amount? That would be more then 17% of that gross pay. Also, is it 17% of any (gross pay) income all together or seperate? If it's seperate, then wouldn't i be paying more then 17% all together? (about 34%) How do i go about fixing this if it can be fixed? also i do not owe any arrears. Can someone please shed a little light on this? i don't want to run back to court because i can't afford it right now.

 

[LdiJ]

I live in NY State. I need to know something. I have a job that pays @ 16.00 and they calculated for me to pay 17% of my gross pay @ 100/week. Times got a little hard and i had to get a second job. This second job only pays about 7/hr. part time. Child Support now wants to take the same amount a week (100.00) from the second job. That makes me working at the second job not worth it.

My question is... i was orderd by a judge to pay 17% of my gross pay when I only had one job, how can they (child support not a judge) inform my second job to take out the same amount? That would be more then 17% of that gross pay. Also, is it 17% of any (gross pay) income all together or seperate? If it's seperate, then wouldn't i be paying more then 17% all together? (about 34%) How do i go about fixing this if it can be fixed? also i do not owe any arrears. Can someone please shed a little light on this? i don't want to run back to court because i can't afford it right now.

Well...one of two things is happening here. Either the CS agency thinks that you have CHANGED jobs and is therefore attempting to collect your CS from the second job. Or the CS agency has made a mistake of some sort.

17% is 17% of your total income. I would recommend contacting the CS office to find out exactly what is going on.

 

[betterthanher]

This is what's wrong with the entire CS system. You have obligors who NEED to go out and get a second job to support their current family. Now, they try to calculate that income. Meanwhile, what's the obligee doing?

It's truly a no-win situation. No need to wonder why people work under-the-table.

OP...you need to request an Admin hearing on this matter with the cs agency.

 

[MrsK]

In some states, if you have a second job to support your subsequent family, they do not calculate that into your child support. For example in my state (Louisiana) you can have a second job to help support your other children and have the state not take any of the money. Of course, it says something about the burden of proof being on the person to show that you got the job solely to support your family and not the child you are paying support for.

Here's what it says:

§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.

Acts 1989, 2nd Ex. Sess., No. 9, §1, eff. Oct. 1, 1989; Acts 1995, No. 1121, §1; Acts 1997, No. 568, §1; Acts 1999, No. 153, §1; Acts 2001, No. 1082, §1.


You may look into your states laws & see about arguing that your income from your second job should be entirely left alone.

 

[Rushia]

In some states, if you have a second job to support your subsequent family, they do not calculate that into your child support. For example in my state (Louisiana) you can have a second job to help support your other children and have the state not take any of the money. Of course, it says something about the burden of proof being on the person to show that you got the job solely to support your family and not the child you are paying support for.

Here's what it says:

§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.

Acts 1989, 2nd Ex. Sess., No. 9, §1, eff. Oct. 1, 1989; Acts 1995, No. 1121, §1; Acts 1997, No. 568, §1; Acts 1999, No. 153, §1; Acts 2001, No. 1082, §1.


You may look into your states laws & see about arguing that your income from your second job should be entirely left alone.

This may be in your state, but here in NY they don't care. Ldij had the most correct answer. Either the CSU thought he switched jobs and changed it over to the second job without stopping collection on the first. I do believe that the second that he drags it into court however they will total the two jobs together and take 17% of the combined income. That's what my x and I were told by our lawyer and so I went to get a second job because his x couldn't touch my income.

 

[username43]

This is what's wrong with the entire CS system. You have obligors who NEED to go out and get a second job to support their current family. Now, they try to calculate that income. Meanwhile, what's the obligee doing?

It's truly a no-win situation. No need to wonder why people work under-the-table.

------------------

Maybe the obligee is working a second job as well!! It isn't her fault CSE has possible calculated this wrong.

Plenty of parents have to work a second job occas, things come up aside from child support- that need to be paid. Don't just assume he got a second job because he couldn't pay his child support. He said times got hard ...that could be for any number of reasons.

 

[betterthanher]

Maybe the obligee is working a second job as well!!

Highly unlikely. Obligees aren't "motivated" to get second jobs because they know darn well that will decrease the amount of support they get. I knew it would be a matter of time before someone came running to the obligee defense.

Of course, there are obligees that are being financially responsible, working a real full-time job and providing their share of support towards their child.

Plenty of parents have to work a second job occas, things come up aside from child support- that need to be paid. Don't just assume he got a second job because he couldn't pay his child support. He said times got hard ...that could be for any number of reasons.

Let's be realistic...people who pay child support are usually working another job to make their ends meet. And it's highly unfair that that income is put towards child support -- especially if you can easily prove you started this job after support started (I guess that's where an attorney would come into play). I wouldn't expect my wife to get another job to support me and kids that aren't hers (which is why my second gig is under-the-table).

 

[Content]

There will always be people who are smart enough to figure out ways to hide enough of their income that their new families are not suffering. And as long as the children under a support order are not suffering then I don't see a problem with it.

To the OP, I would suggest what another person did, request an administrative hearing and fight like hell the other 17% they are taking. Good luck.