Overtime Income and Child Support

DollarsTwentyWhether a judge will consider income earned from overtime in setting a child support order depends largely on the history, and timing, of the overtime income:

If, after a child support order is entered, a Payor or Recipient obtains a second 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.

Massachusetts Child Support Guidelines I(B) (2013).

However, starting to work overtime after the entry of a child support order does not mean that a court is not able to consider that income in calculating child support; only that this income is presumed to be excluded from the calculation:

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.

 

Massachusetts Child Support Guidelines I(B) (2013).

If you have any questions about child support in Massachusetts, contact the attorneys at Finn & Eaton, P.C. in Woburn and Saugus by calling 781 484-1066, or by sending an email to schedule a free initial consultation.