Does a Second Job Affect Child Support in Arizona?
Child support calculations are complex and many factors will be taken in consideration.
Many people going through the divorce process have questions about income from a second job and how it would affect the child support. The same applies to people who have been hired to do a second job after the court child support proceedings have been finalized.
Child Support Modification
The first instance in which a second job could affect child support in Arizona is when either parent requests a modification.
Both the custodial and the non-custodial parent can turn towards the court to request child support recalculation in the case of a major change in circumstances.
An increase or a decrease in income will rank among the most popular reasons for child support modification requests. A second job will contribute to a higher income, which is why it may result in a parent having to provide higher child support.
Calculations are made on the basis of the Arizona Child Support Guidelines. This is a useful document to acquaint yourself with, regardless of the current situation.
Child Support Wage Garnishment and a Second Job
A second situation in which the second job could affect child support occurs whenever you’re behind on payments.
If you have been failing to provide sufficient funds, the court can garnish wages from both your first and your second job.
This is also possible whenever you can’t meet the monthly child support from the income you generate via your first job.
Child support payments are often directly deducted from the non-custodial parent’s paycheck. In the absence of sufficient funds, such a deduction can occur from your second income. The same rule applies to situations in which you’re significantly behind on payments.
In most cases, child support orders feature income withholding orders. As a result, the state can automatically deduct child support from your paycheck, whether you have one or two jobs. The only exemption occurs in cases when both parents sign a waiver.
When Arizona state sends an employer an income withholding order, they will have to comply. Keep in mind, however, that there’s a limit to the amount that can be withheld from your income.
Child custody wage garnishment limitations are calculated on the basis of several factors. If you have another family to take care of, the amount that will be withheld from your first and second wage will be smaller than in the case of being single.
The wage garnishment limitations are based on your disposable income – the amount that remains after your essential needs have been covered.
A Few Additional Considerations
A second job in itself is not going to have a distinctive impact on child support proceedings. The court will view the overall income. It doesn’t really matter how the sum is derived and whether a person works multiple jobs.
As already mentioned, child support modifications have to be initiated by one of the parents.
If you eventually get a second job and your ex does not request a child support modification based on your new circumstances, the amount will remain unchanged. If your ex moves forward with the procedure, however, you will need to disclose information about a second job and the income it contributes to.
Keep in mind that if you get a second job and your disposable income remains unchanged (because your monthly spending on necessities has gone up), this second job is not going to have a profound effect on your child custody.
More information about changes in child support orders can be found in A.R.S. 25-503. If you have gotten a second job or you’re the custodial parent and you believe that your ex has a new source of income, you’ll need to consult an attorney. Your lawyer will outline the legal framework and give you a better idea about how the change in circumstances could affect your finances.
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