Will money I make from Uber driving affect child support
Will the money I make from driving for Uber affect child support?
In these modern days there are many ways a person can earn extra income from part time employment to having an online store or blog that generates additional income. One such method of earning extra income that is especially popular these days is to use a popular transportation app called Uber.
The idea behind Uber is that anyone who has a car registers with the app and can essentially be a private taxi driver on their own schedule and to pick and choose what trips you want to take and not take. When the driver completes a trip no physical money changes hands as drivers are compensated through the app as independent contractors.
For riders the process is even easier. One simply opens the app and inputs location and needed destination. The cost of the trip is provided to the rider who has payment information on file with the app and the app connects drivers with riders and then takes care of the financial transaction.
As with most types of employment income realized from Uber can affect child support and alimony determinations in divorce and other types of family law cases. However, there are subtle differences in how the statutes define “income” for child support versus alimony which may mean that Uber drivers may be more likely to have their Uber income used in divorce cases as alimony considerations and less likely for these funds to come into play in the child support portion of the divorce litigation. The Florida Bar has also published an article that outlines the two different definitions of income which is very helpful in this analysis.
The more general (FS section61.0467) definition provided by the statute which could be applied to alimony arguments in a divorce case consider income to be pretty much any source of payment to an individual regardless of where it comes from. This general definition of income would certainly include funds derived from driving for Uber even if it was an occasional thing.
This is in contrast to section 61.302 of the Florida divorce statute that specifically related to child support which relates more specifically to gross wages or salary on a monthly basis. This means that the occasional Uber driver may have a statutory argument to shield the Uber income from child support calculations if it is an occasional arrangement.
Of course, the statute language changes from time to time, and different judges may interpret the law in different ways so it is important to speak with an experienced divorce attorney about your particular case. Email Sean Smallwood today to discuss your case, or give his office a call: 407-574-6155
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.