Q: How does California law handle ceased self-employment income in child support cases for those now in W2 employment?
I recently secured a full-time position as a W2 employee. Last year, I was self-employed as a 1099 independent contractor, with no W2 income. In the context of modifying child support, how does California family law consider self-employment income that no longer exists, given that I am now fully employed as a W2 employee without any self-employment income? I understand that self-employment income is calculated based on the most recent tax return. In my case, this would reflect last year's 1099 income, which, due to my current full-time employment status, I will no longer earn this year.
A:
In California, when it comes to modifying child support, the court primarily looks at the current income and earning capacity of both parents. If your self-employment income has ceased due to your new W2 employment, this change in circumstances is significant and relevant for your child support modification request.
While self-employment income is typically calculated based on the most recent tax return, the court understands that financial situations can change. If you are no longer earning income as a self-employed individual, this fact should be presented to the court. Your current income as a W2 employee will be the primary focus for determining your child support obligations.
It’s important to provide documentation of your employment change and current earnings. This can include recent pay stubs, employment contracts, and any other relevant information that reflects your current financial situation.
Remember to file a formal motion for modification of child support with the court, outlining the changes in your income. It’s advisable to seek legal guidance to ensure the process is handled correctly and all necessary information is presented to the court.
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