Your New Place in 2023’s Gig Economy, And Its Effect on Your Divorce
What is the Gig Economy?
The Gig Economy is a work force supported by independent contractors, part time side hustles, online platform workers and alike. As a result, the workforce has become more independent, and work is increasingly done remotely.
How does this affect child support or spousal support allocations?
Someone who works primarily in the gig economy, can have inconsistent work, fluctuating hours and their income can drastically change from season to season or year to year.
Additionally, there may have to be a determination of the appropriate number of “gigs” someone should take. This is not as simple as saying work for 40 hours a week, as these types of jobs typically require shifting schedules, and travel. If the parties are sharing custody of their children, then this analysis gets more complicated.
The Child Support Schedule permit spouses to revisit child support arrangements every time there is a substantial change in the income of one parent. However, this becomes a burden many families do not want to take on and determining support for a term of several years allows families to avoid costly annual review.
To do this, family law attorneys at Beresford Booth can help establish a “financial zone”. A range in which an individual’s income can fluctuate and still be properly prepared for spousal and child support if needed. This, of course, requires testing of several scenarios and the assessment of real-life experiences, but it can help to avoid those costly yearly evaluations. While an attorney can help you draft a proposed agreement with your ex-partner regarding child support, the Court has the ultimate determination.
Courts will typically look at income from gig work from the past two years to determine the scope of reasons for deviation. When reasons exist for deviation from the Child Support Schedule, the Court shall exercise discretion in considering the extent to which the factors would affect the support obligation.
Alternatively, if your child’s other parent is attempting to use gig work to hide income or get out of paying child or spousal support, a Beresford Booth family law attorney can help. Whether you need a modification of your child support order or assistance with enforcing existing terms, we have experience in all these areas.