We always lived paycheck to paycheck. After the divorce, it was even harder to make ends meet. I wanted our kids to stay in their schools and the house they grew up in, so I moved out. I rented a cheaper house in the next town and agreed not to take any equity in our house until our youngest, who is in seventh grade, graduates high school.
To stay in the house, my ex needed more than the guidelines’ child support. I agreed, even though we have a 50/50 parenting plan, to pay her as if she had the kids most of the time. I feel good about my decision to do right by our kids, but she is incredibly ungrateful.
Yesterday she served me with a complaint to modify the support order because she knows I have a second job. I got that job so I can afford the obligation I signed up for. I am a nurse and typically have not worked weekends. I picked up the overnight shift every other weekend when the kids are with my ex. I did it because it is the highest paying shift, so by taking on 20 hours every other week, I can now make my finances work.
Is she really entitled to more child support because I’m doing what I need to do to survive and support our family?
You cannot prevent her from having her day in court, but her argument will fall flat. You should read the Massachusetts Child Support Guidelines before the hearing. The guidelines make clear that a judge can but is not required to include income from a second job when assessing child support. The circumstances where a judge typically will not include a second job in calculating child support are exactly what you have described. The support order existed and you chose to use your non-parenting time to work more hours so you can pay your obligation and still afford to pay your expenses. A judge is not going to penalize you for that decision.
This is especially true because you agreed to pay more than the guidelines’ amount in the first place. Child support is always modifiable if the actual order is inconsistent with the guidelines, so in theory, you too are entitled to a modification, albeit downward.
If you want to avoid a court appearance, remind your ex of your generosity and suggest if she takes you back for more money, you will ask that the order be brought within the guidelines to reflect your actual parenting plan. If the support reflected actual guidelines, perhaps she too would need to get a second job on the weekends when the children are with you.
With any luck, she will come to her senses, realize that biting the hand that feeds her is the wrong decision, and withdraw her complaint.