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Can Child Support Be Garnished from Independent Contractor

2023年4月3日

Child support is a crucial financial obligation that every parent must fulfill for their children`s well-being. In cases where a parent who is an independent contractor fails to meet this obligation, the question arises if child support can be garnished from their wages.

The short answer is yes; child support can be garnished from independent contractors. However, the process may differ from that of employed individuals.

Independent contractors are not considered employees, but self-employed individuals who offer their services to clients. They receive payment for their services through invoices or contracts, and they are responsible for reporting their income and paying their taxes.

When it comes to child support, the first step is to determine the independent contractor`s income. This may prove challenging as their income may vary depending on the number of clients they work with and the nature of the work they do. However, courts can request bank statements to determine an average income over a specific period.

Once the income is established, the court may issue an income withholding order, also known as wage garnishment, to collect child support payments. The order instructs the independent contractor`s clients to withhold a specific amount from their payments and send it directly to the child support agency.

Unlike employed individuals, independent contractors may not have a regular paycheck or an employer to garnish wages from. In such cases, the court may require the independent contractor to make regular payments directly to the child support agency.

It is essential to note that failing to pay child support may result in legal consequences, including fines, imprisonment, or loss of driver`s licenses, professional licenses, or passports.

In conclusion, independent contractors are not exempt from paying child support, and courts can garnish their wages or require regular payments to fulfill this obligation. As a responsible parent, meeting child support obligations is critical, and legal consequences may follow if they fail to do so.

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