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Are second jobs used to calculate child support?

What would happen if an individual gets a second job after child support has been determined? Would the individual be forced to go back or would it change anything?

In Utah (where I practice divorce and family law), the answer is found in Utah Code :

78B-12-203. Determination of gross income — Imputed income.

(2) Income from earned income sources is limited to the equivalent of one full-time 40-hour job. If and only if during the time before the original support order, the parent normally and consistently worked more than 40 hours at the parent’s job, the court may consider this extra time as a pattern in calculating the parent’s ability to provide child support.

If it weren’t clear from the language of the statute itself, here is what it means:

  • If the parent:
    • has a full-time 40-hour per week job;
    • is not working overtime regularly; and
    • has a second job,

then child support is calculated based upon one full-time 40-hour job. The second job cannot be included in the child support calculation.

  • If the parent:
    • has a full-time 40-hour per week job;
    • does not have a second job; but
    • is “normally and consistently working more than 40 hours at the parent’s job,

then child support may (not shall) be calculated based upon both the 40-hour job and the overtime, but the court is not required to include the overtime (in my experience the court usually will include the overtime in calculating child support). The second job cannot be included in the child support calculation.

  • If the parent:
    • has no recent work history; or
    • a parent’s occupation is unknown,

then that parent may be imputed an income at the federal minimum wage for a 40-hour work week. To impute a greater or lesser income, the judge in a judicial proceeding or the presiding officer in an administrative proceeding shall enter specific findings of fact as to the evidentiary basis for the imputation.

Income may not be imputed if any of the following conditions exist and the condition is not of a temporary nature:

  1. the reasonable costs of child care for the parents’ minor children approach or equal the amount of income the custodial parent can earn;
  2. the parent is physically or mentally unable to earn minimum wage;
  3. the parent is engaged in career or occupational training to establish basic job skills; or
  4. unusual emotional or physical needs of a child require the custodial parent’s presence in the home.
  • If the parent:
    • does not has a full-time 40-hour per week job; and
    • has a second job,

then income might or might not be imputed to that parent. Under Utah Code § 78B-12-203(8), income may not be imputed to a parent unless:

  • the parent stipulates to the amount imputed, the parent defaults; or
  • a hearing is held and the judge in a judicial proceeding or the presiding officer in an administrative proceeding enters findings of fact as to the evidentiary basis for the imputation.

If income is imputed to a parent, the income shall be based upon employment potential and probable earnings considering, to the extent known:

  1. employment opportunities;
  2. work history;
  3. occupation qualifications;
  4. educational attainment;
  5. literacy;
  6. age;
  7. health;
  8. criminal record;
  9. other employment barriers and background factors; and
  10. prevailing earnings and job availability for persons of similar backgrounds in the community.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-would-happen-if-an-individual-gets-a-second-job-after-child-support-has-been-determined-Would-the-individual-be-forced-to-go-back-or-would-it-change-anything/answer/Eric-Johnson-311?prompt_topic_bio=1

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