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

Canton, MA |

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

Attorney Answers 4


  1. Best answer

    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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. 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 on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


  3. 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: dvelezharris@marienhodge.com. All of Attorney Velez Harris' responses to questions posted on AVVO are intended as general information based upon the facts provided within the question and are based on Massachusetts' law, unless otherwise indicated. The responses are provided for educational purposes of the public only, and not any specific individual. Her responses to any questions are not legal advice and does not create an attorney-client relationship. Attorney Velez Harris is licensed to practice law in Massachusetts and Connecticut.

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