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
