Do I Have To Report My Second Job To Child Support In Texas

Do I Have To Report My Second Job To Child Support In Texas

Legal Intern

According to a United States Census Bureau report, in 2018, 6.6% of men and 9.1% of men had more than one job. People take up multiple jobs for a variety of reasons, but it’s mainly to supplement what they earn from their first job. So, it’s understandable for a non-custodial parent to wonder whether they will have to pay more child support when they get a second job.

Generally, child support is calculated based on your 40-hour-a-week job, even if you work more than 40 hours a week.  The court will look at your W2 to calculate your income.

Can They Take Child Support Out Of Second Job In TX?

Can You Convince The Court To Calculate Your Income Using Hourly Salary?

Do I Have To Report My Second Job To Child Support In TexasSince the W2 shows the amount of pay you receive including overtime, bonuses, and other benefits, you may find it challenging to convince the court to calculate your income based on a 40-hour week.  You may convince the court by showing the following:

  • The amount you receive in bonuses is not fixed and can vary from year to year
  • The overtime pay is not consistent and you don’t always get paid for working overtime
  • Your overtime pay has been decreasing over the years
  • Circumstances including your employment position, policies on your company, and other factors have changed, which may affect the amount of pay you receive

Does Getting A Second Job Change What You Pay For Child Support?

Do You Have To Report A New Job To Child Support In Texas?

You may need to take a second job to pay child support, which was calculated using your 40 hours per week income.  But you may be concerned that doing this may only lead to the court increasing the amount you have to pay for child support. Your second job is not going to lead to your child support amount getting increased.

This is because the court already did their calculation based on your 40-hour-a-week pay, and overtime pay is only relevant to child support courts if it was regular and consistent before the child support order was issued.

So, the court will consider any extra pay if it’s regular and consistent.

What To Do If You Can’t Afford Child Support Payments

If You Work Two Jobs Can Both Be Garnished For Child Support

Sometimes paying child support doesn’t get easier even when you take a second job.  You may need to stop spending on unnecessary things and open a savings account to dip into during difficult months.  Another option is to get private loans from a bank, a credit union, friends, or relatives.

You may need to provide collateral if you go to private banks for loans.  A private loan should be the last resort.  You cannot stop making child support payments outright just because of a significant change in your financial circumstances.

If you stop making the payments, the court can still order you to make the payments you missed. Filing for bankruptcy is not a remedy because child support arrears cannot be wiped out like other forms of debt.  A better solution is to hire an attorney to file a child support modification case at the family law court where the original support order was issued.