If I get a take a second job can my wife use that to seek a modification

Asked over 2 years ago - Canton, MA

I already work 45 hours per week and don't even take lunch.

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . You are only required to work one full time job and under the new alimony statute second or part time positions in addition to your full time job cannot be considered when calculating alimony. However, if you are asking about child support, when you run the child support guidelines and if you include your second job, it could show an increase in income which could cause you to have to pay more in Child Support, in that case your counsel needs to argue that you are working above and beyond what is normal but that is a diffucult argument. Take care and good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Ann Frances Breau Karpenski

    Contributor Level 13

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    Answered . She may be able to on child support but not alimony.

  3. Erik Hammarlund

    Contributor Level 18

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    Answered . As the other two said:

    The law assumes that your EXis entitled to only minimal support. If you choose to better yourself by working 2 jobs, you won't have to give extra to your ex.

    The law assumes that your CHILD, however, is entitled to more than minimal support. If you make more money, you'll probably have to give some up to better the life of your child.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
  4. Diana I. Sorrentini-Velez

    Contributor Level 8

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    Answered . It depends on what she seeks to modify, and why you obtained a second job. If you obtained a second job for the sole purpose of allowing you to pay the child support amount already ordered by the Court - the income from this second job will likely not be utilized for the purposes of increasing child support - as per the child support guidelines. Including income from any second job is completely within the discretion of the Court for the purposes of alimony.

    Attorney Velez Harris may be reached at (413) 788-4555, during regular business hours, or anytime by email at:... more

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