1099 & my daughter

[Nashid2000]

What is the name of your state (only U.S. law)? Pennsylvania

I'm planning to have my daughter for two weeks this summer (in august) as per custody agreement. However, as a 1099 employee this requires careful financial planning on my part since I'm not entitled to vacations, leaves, sick days, etcetera. My daughter’s mother is pushing for the two weeks immediately which I can’t afford to do on short notice and made her aware of this. I suspect that she’ll not pick up our daughter to return her home during my end of my next weekend visitation period with my daughter and “force” the vacation on me whether I like it or not (this is not beyond her). Of course, this will create some problems, to say the least, with Domestic Relations(DR) if there is any kind of change in my financial status towards the worse. I’ve already suggested for us previously to meet with DR but she refuses to. Is it possible to modify the agreement temporarily for this particular situation? I’ve even suggested having my daughter longer than two weeks to make the DR process worth the effort, again she is refusing this as well. I want very much to have my daughter this summer (our first together), but how can I do this without risking accumulating arrears or incarceration? I absolutely cannot take time off from work without pay to do this on short notice nor can I afford to continue sending child support payments and manage the expense of having my little one with me if I go forward for any extended period of time. Will the modification process take into serious consideration my 1099 status if requested or am I just wasting my time with this whole idea?

Ali

 

[commentator]

You're not a 1099 EMPLOYEE. There is no such thing. By accepting a 1099, you are considered a private business, a contractor. As such, you are expected to set up your own pay situation, working hours, vacations etc. It will not do you much good to indicate that because you are not having taxes taken out of your pay from your employer they have to give you some sort of consideration. If you are not really a self managed contractor, if your employer controls everything except that they do not take out the taxes on you, pay you by 1099, you are being misclassified. If you take that sort of situation into arbitration, they're not going to be too impressed by your pleas of no vacation, no money, no time to be with the child, unable to arrange care....

 

[LdiJ]

What is the name of your state (only U.S. law)? Pennsylvania

I'm planning to have my daughter for two weeks this summer (in august) as per custody agreement. However, as a 1099 employee this requires careful financial planning on my part since I'm not entitled to vacations, leaves, sick days, etcetera. My daughter’s mother is pushing for the two weeks immediately which I can’t afford to do on short notice and made her aware of this. I suspect that she’ll not pick up our daughter to return her home during my end of my next weekend visitation period with my daughter and “force” the vacation on me whether I like it or not (this is not beyond her). Of course, this will create some problems, to say the least, with Domestic Relations(DR) if there is any kind of change in my financial status towards the worse. I’ve already suggested for us previously to meet with DR but she refuses to. Is it possible to modify the agreement temporarily for this particular situation? I’ve even suggested having my daughter longer than two weeks to make the DR process worth the effort, again she is refusing this as well. I want very much to have my daughter this summer (our first together), but how can I do this without risking accumulating arrears or incarceration? I absolutely cannot take time off from work without pay to do this on short notice nor can I afford to continue sending child support payments and manage the expense of having my little one with me if I go forward for any extended period of time. Will the modification process take into serious consideration my 1099 status if requested or am I just wasting my time with this whole idea?

Ali

You are obligated to pay child support. You are not obligated to exercise your parenting time. However, what is the background here? Why would it be better for you to do this later rather than sooner, and why does mom want you to take your time sooner? What do your court orders state regarding extended summer visitation?

 

[Nashid2000]

You are obligated to pay child support. You are not obligated to exercise your parenting time. However, what is the background here? Why would it be better for you to do this later rather than sooner, and why does mom want you to take your time sooner? What do your court orders state regarding extended summer visitation?

My daughter will be completing the school year in a matter of days and her mother wants her with me as soon as possible. As I stated earlier, I'm not entitled to vacation time, sick time, etcetera and have to plan and save for something like this as a contracted employee and suggesting a August vacation. The court order states I'm entitled to two weeks with my daughter and anything more will have to be agreed upon by both parties.

 

[BL]

My daughter will be completing the school year in a matter of days and her mother wants her with me as soon as possible. As I stated earlier, I'm not entitled to vacation time, sick time, etcetera and have to plan and save for something like this as a contracted employee and suggesting a August vacation. The court order states I'm entitled to two weeks with my daughter and anything more will have to be agreed upon by both parties.

And what if anything does it state about notification when you want your 2 weeks ?

 

[Nashid2000]

And what if anything does it state about notification when you want your 2 weeks ?

To provide her with advance 30 day notice.

 

[BL]

To provide her with advance 30 day notice.

Then that's what you do within the summer visitation in time to get your 2 weeks in.

She can not "force you" any earlier.

You can agree ,but you can't be forced.