Second Job - Effect of Alimony Payment

Second Job - Effect of Alimony Payment

Posted By Robert Kovacs || 2-Jan-2015

Second Job – Effect of Alimony Payment

In a recent decision the Massachusetts Appeals Court ruled that a second job obtained after a divorce has entered cannot be used to calculate an alimony award.

The court stated:

"We address those issues necessary to the disposition on remand. The Act and the guidelines provide that income may be attributed to a party who 'is unemployed or underemployed.' … Although the judge did not specifically say so, the judge's ruling in effect concludes that Veronica was underemployed because she was capable of working more hours — either more hours two weekend days a month, or working six days a week, three weeks per month. However, the Act must be construed as a cohesive whole, giving effect to each and every provision of the statute. … We conclude that a party who works at a full-time or full-time equivalent job may not be found to be 'unemployed' or 'underemployed' based on the level of compensation received from a second job obtained 'after entry of the initial order' unless the judge concludes, based on findings supported by the evidence, that a basis exists for rebutting the presumption of immateriality applicable to the income earned from the second job."

Vedensky v. Vedensky

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB4QFjAA&url=http%3A%2F%2Fwww.mass.gov%2Fcourts%2Fdocs%2Fsjc%2Freporter-of-decisions%2Fnew-opinions%2F13p1392.pdf&ei=x8umVPPEFoT4ggSA1gE&usg=AFQjCNFE0ruQifdFK-s9DnMMFixFl8mdjw&sig2=82VJWls-fAJ0gdsoF7YUfw&bvm=bv.82001339,d.eXY

Categories: Alimony, second job

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