The term independent contractor comes from the world of business, and on a basic level refers to a worker who is not an employee of a company or organization, but receives income from them through the completion of certain tasks and/or projects. However, the legal definition of an independent contractor lawyer can differ in meaning. In the context of employment law, for example, the definition is usually more narrow, to include only those who are truly contracted as independent operators. The legalities of separating employees from independent contractors are especially important in a family law context when divorce, child custody, and other issues arise. Given the number of parents working as independent contractors in the modern economy, it is vital for those facing family law issues to understand the implications of independent contractor agreements.
The role of an independent contractor lawyer is to provide knowledge and expertise in the drafting and review of independent contractor agreements. Without the assistance of an independent contractor lawyer it is extremely easy to leave the terms of an agreement that could have negative repercussions to you unaddressed. When do you need an independent contractor lawyer? You should seek legal counsel when dealing with any independent contractor agreement, but here are a few specific examples. The implications of independent contractor agreements in child custody matters often require the knowledge and assistance of an independent contractor lawyer. There are many ways in which income, spousal support, and child support obligations may be affected by independent contractor agreements. For example, independent contractor status takes away the protections of unemployment insurance. In simply not being classified as an employee, independent contractors may have reduced access to state social safety nets such as unemployment benefits. To put it another way, in the event of a divorce, separation or child custody issue the loss of a job can impact income rather drastically. In terms of financial compensation, the loss of a job or reduction in income may result in a parent losing their ability to support their child. An experienced lawyer can help you both understand and address these legal impacts. There’s significantly more involved in independent contractor child custody cases than one might imagine. Family law attorneys have a lot of experience in negotiating families, but when a child is considered an employee of their own parent (or parents) the situation becomes drastically more complicated.
The idea of shared parenting is a legal concept that suggests that the financial responsibilities of raising a child should be shared equally between both parents. When parents are both considered independent contractors, however, this is not always simple. Without legal intervention it can be difficult to determine who’s job and pay structure is best able to provide benefits for the child, such as health insurance and financial income for their necessities. When a family law attorney encounters parents who are independent contractors and need assistance in a case involving a shared child, they must determine a way to apply child support laws. While there are many logical ways to divide the obligations of both parents, absent expert legal assistance it can be very difficult to do so.
On the operating level of civilians, the work of an independent contractor is more straightforward and, sometimes, safer than being classified as an actual employee of a company or organization. However, when looked at through the lens of the law and legal ramifications, view an independent contractor as an employee is often more beneficial to the employer, while alienating the contractor. After all, the goal of any business agreement is to payout as little as possible, and by allowing liability for risks to fall on someone outside of the business, an organization can better shield itself from potential dangers. Unfortunately, the resulting outcomes can be damaging to the future of the parent. The only way to ensure the rights of children of divorced or separated parents are adequately protected from the widespread practice of independent contractor agreements is to work with a lawyer. A family law attorney can assist you in understanding how to best navigate the labyrinth of the law as it intersects with independent contractor agreements and parental rights. Pakistan has a unique independent contractor legal landscape, that is regularly intersected by family law proceedings. With the right legal advice, parents who work as independent contractors can successfully navigate such issues.
For more information on the legal distinctions between employees and independent contractors, you can visit the U.S. Department of Labor.