Parent worried about $$ with divorce No. 2 Alijah, 8, likes animals
QI married and divorced young, with twin children who are now in college. I remarried several years later and am heading toward a second divorce. I have three young kids and a wife who only works part time at a preschool where our youngest goes tuition-free.
I am worried about how I am going to make ends meet with my child support obligation. I wanted to wait until our youngest is in school and my wife can return to full-time work, but she is not willing.
When my older children started college, I picked up a second job on weekends to meet my college obligation. I have three more years of college payments. I am now earning more than ever but only because of the second job. What is my child support exposure and will I be ordered to get a third job to pay? If I do, when will I get to see my kids?
AThe Child Support Guidelines just underwent another review and revision. The new guidelines become effective Sept. 15. These guidelines may help you on more than one front. First, the guidelines still give the judge discretion to exclude income from a second job if that job was solely to help make ends meet after the divorce. While this second job applies to your first divorce, you can make the argument that you only got that job to pay child support and put those children through college, so the income therefrom ought not to be included in child support in this divorce.
Because you have been working that job for some time, it is not a guarantee the income will not be counted, but it is still a solid argument. While the judge will likely have sympathy for your situation, the judge may also be sympathetic to your younger children, so there may be some exposure in connection with that income. But you will not be ordered to get a third job.
While you do not say where your twins attend college or how much you are contributing, the new guidelines take a much closer look at how child support ought to be calculated when children are in college and cap parental contribution to half the cost of University of Massachusetts, unless the finances permit otherwise. If you are paying more than half the cost of UMass and also still paying child support to your first wife, you should seek a modification of that obligation on Sept. 15.
This change to include a college contribution cap in the child support guidelines was not made by the Legislature or the result of a reported decision from an appellate court, so it may eventually be deemed an improper change. But if you file in September and are able to reach an agreement with your first wife, you may benefit regardless of what happens when a higher authority has a final say.
Wendy O. Hickey has since 1994 been involved in and since 2003 been a trial lawyer who concentrates her practice on national and international family law. Any legal advice in this column is general in nature, and does not establish a lawyer-client relationship. Send questions to dearwendy@bostonherald.com.
Alijah, 8, is a sweet, lovable and easygoing boy of AfricanAmerican descent. He is an active child who loves to be physically independent. He has a great memory and loves to repeat scenes from his favorite shows and movies, such as “Kung Fu Panda.” Alijah also likes playing on the iPad, basketball and exploring different insects and outdoor animals.
Alijah has been diagnosed with global developmental delays and is able to express about 40 words. He is able to utilize some expressive language and can make requests for desired items.
Alijah currently resides in a group home with children who also have developmental delays. He does well in this setting, and interacts appropriately with the staff and his peers. He is able to follow the routine of the program with some supervision. When taken out into the community for activities, Alijah has done well.
He is in the third grade at a public elementary school but placed in a sub-separate classroom. He is supported by an Individualized Education Plan as well as a behavior plan to ensure daily success. He can name all his letters, sounds and relates words to letters. He is working on rhyming and is into music. Peer interactions can be challenging for Alijah, but he is working on a goal of interacting with three peers per day.
He is legally free for adoption. Alijah’s social worker is seeking a two-parent family, without other children or with children who are younger than 10 years old. The family should be willing to give Alijah the nurturing, support, consistency and predictability he needs to thrive.
To learn more about adoption from foster care, call the Massachusetts Adoption Resource Exchange at 617-542-3678 or go to mareinc.org.