Does child support come out of bonus and PTO in addition to your normal payroll check?

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Does child support come out of bonus and PTO in addition to your normal payroll check?

I am filing an uncontested divorce with 2 adopted children who receive subsidy from the state.

Asked on December 26, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Child support is set by your overall income... which means the court will include every source of income, including bonuses.  Pretty much, if it shows up on your tax return as income, it will be included in the calculation of your child support obligation.  From there, the judge sets an amount to be paid each month.  This is often collected through a garnishment order sent to your employer-- to be deducted from your regular paycheck (or any check that is a substitute for your regular check-- like a vacation check).  Your employer is required to and authorized to deduct your monthly obligation-- and no more.  So, after your child support obligation has been set by court order, if you later receive a bonus check-- the child support obligation would not normally come out of that check if you are current because that would result in an excess payment. 


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