Jump to Navigation

Ride-share drivers placing child support roadblocks

Arizona garnishes employee wages as part of its child support enforcement measures to collect overdue child support. However, there are procedural loopholes for independent contractors, such as ride-share drivers for Lyft and Uber.

A court issues a notice of assignment for late child support payments to employers who automatically garnish wages. However, in instances where a parent who is in arrears is an independent contractor, these notices go directly to the parent. Drivers for ride-sharing companies directly receive these notices as independent contractors.

This has been a long-standing problem in Arizona which is being exploited by workers in new industries like ride-sharing. Many other workers, though, try to evade child support by assuming the status of an independent contractor. Jurisdictions across the country are reviewing whether ride-share drivers should be classified as employees who must file a W2 instead of 1099 independent contractor forms for tax purposes.

Action by a family court judge or the Arizona Department of Security may lead to payment of owed support. The DES has the authority to contact ride-sharing services and obtain information on the amount of money the driver was paid. DES can then create a child support order based on this reported income.

Parents complain that DES has not acted on their unpaid support referrals, however. Some parents and an attorney also claim that ride-sharing services have not cooperated. A DES spokesperson has said that the agency issues withholding orders to these companies who have garnished wages. However, Lyft said that it provides child support information directly to the drivers who are responsible for the child support payments.

Uber said that it cooperates with state agencies and issued deductions to several of its partners in Phoenix and Tucson. It claimed it deducts driver payments when it is served with a child support order, state or federal tax levies, or a state court garnishment order for personal debt.

Independent contractors, however, still have the legal duty to pay timey child support payments. An attorney can help parents seek these payments and utilize legal remedies that are available.

Source: KPNX, "Parents frustrated by 'deadbeat' ride-share drivers not paying child support," Joe Dana, Nov. 14, 2017

No Comments

Leave a comment
Comment Information

Wilson-Goodman Law Group, PLLC is one of the East Valley's premiere litigation law firms.

Gilbert Office
538 South Gilbert Road, Suite 101
Gilbert, Arizona 85296
Phone: 480-359-1758
Fax: 480-503-9219
Map & Directions

Queen Creek Office
22035 South Ellsworth Road
Queen Creek, Arizona 85142
Phone: 800-409-2187
Fax: 480-686-9452
Map & Directions

Visit Our General Practice Website

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
FindLaw Network