Can I Receive Child Support if My Co-Parent is a 1099 Worker?

As of October 1, 2021, all Florida businesses that hire 1099 workers (independent contractors) are required to report these payments to the Florida Department of Revenue to ensure that parents receive child support payments. Prior to the passage of this law, it was difficult to track down 1099 workers’ income. A worker could avoid making child support payments if they were a 1099 worker. Today, that loophole has been closed and 1099 workers will have child support payments automatically deducted from their checks by the Florida Department of Revenue. In this article, the Tampa, FL child support attorneys at Westchase Law, P.A. will discuss the law and how it works in Florida.

Child support obligations in Florida 

A parent’s child support obligations are governed by guidelines that ensure children receive financial support from both of their parents without regard to their employment status. These obligations are based on the belief that both parents must provide for their children’s needs. This includes food, shelter, education, healthcare, and other essentials.

The State of Florida employs a formula to determine the amount of child support a parent will pay. The formula considers the income of both parents, the child’s needs, and the amount of time each parent spends with the child.

For independent contractors, calculating income for child support payments can be a complex affair. Unlike employees who earn a wage, independent contractors can have varying amounts of income on a month-to-month basis. Courts generally require detailed documentation of income, including tax returns and bank statements, to ensure the child support order equitably divides financial responsibility.

Legal mechanisms for enforcing child support orders for 1099 workers

 Enforcing child support orders for 1099 workers poses significant challenges. Florida law provides some tools to facilitate enforcement. One way is to intercept federal tax refunds through the Federal Tax Refund Offset Program, which allows the state to claim overdue child support directly from the parent’s tax refund.

Florida can also suspend professional licenses of those who fail to make child support payments. In some cases, they can also place liens on property.

Income withholding for 1099 employees

 Child support can be enforced through income withholding, but this presents distinct challenges because of the unusual income structure of the self-employed individual. Independent contractors may not receive regular paychecks, which can complicate automatic withholding. All Florida businesses that hire independent contractors who make more than $600 a year are required to report these payments to the Florida Department of Revenue. If a 1099 worker routinely works for a single company, then the State of Florida can direct that company to withhold child support payments.

Self-employed individuals can also set up automatic payments to fulfill their child support obligations. This allows them to manage their responsibilities without state intervention.

Talk to a Tampa, FL Child Support Attorney Today 

Westchase Law, P.A. represents the interests of Tampa residents who are seeking to enforce a child support order. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.