Q: If I have child support from my son's dad and he doesn't report his second job will he be in contempt?
A:
Contempt is one possible course of action. You can also motion to attach to the income from the second job or seek a modification based on the unreported income (including interest for retroactive support). You must petition and prove your claims to the court because the court will not investigate or sanction without a motion from another party. If the state is collecting the support, notify the Division of Child Support Services about the issue.
You can file with or without a lawyer, but hiring a lawyer is recommended.
A: The answer to your question solely depends on what the actual court orders say. If there is an order to report any employment then he could be in contempt. If there is not, then it wouldn't be contempt. Also, second jobs are not counted towards child support unless the first job is less than 40 hours per week or the second job actually makes the person more money than the first.
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