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Does my second job count towards child support?

Does my second job count towards child support?

Maybe.  If you have a second job at the time that the initial child support order is made, then the job often will count as income when calculating child support.  The Court has to consider whether part time or overtime income was historically received throughout the marriage or relationship, the expectation of that income continuing in the future, the needs of the parties and the children, the impact of the overtime on the parenting time, and whether this extra work is a job requirement.  The short answer is that if the second income or overtime has been consistent in the past and is expected to continue in the future, it will likely be included as income when calculating support.

That said, if you do not have the job at the time that the support is ordered, but later get a part time job (which some do in order to make ends meet as a result of having to pay the child support award), then that income will not be included when calculating child support.

The MA child support guidelines specifically address these issues as follows:

“If the Court disregards income, in whole or in part, from overtime or a secondary job, due consideration must first be given to certain factors including but not limited to the history
of the income, the expectation that the income will continue to be available, the economic needs of the parties and the children, the impact of the overtime on the parenting plan, and whether the extra work is a requirement of the job.  The Court may consider none, some, or all overtime income even if overtime was earned prior to entry of the order.

If, after a child support order is entered, a Payor or Recipient obtains a secondary job or begins to work overtime, neither of which was worked prior to the entry of the order, there shall be a presumption that the secondary job or overtime income should not be considered in a future support order.”

As always, these situations are very fact specific.  Contact me to discuss your individual situation.

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