Parents With Irregular/Seasonal Income

Not every paycheck is predictable. Contractors, sales reps on commission, gig workers, fishermen, and seasonal employees ride income waves that don’t fit neat monthly child support boxes. The solution is an order that captures true ability to pay over time and prevents arrears spikes during slow months.

Average across a meaningful period. Courts often average income over 12–36 months to smooth highs and lows, especially when tax returns, 1099s, and year‑to‑date reports show swings. Provide detailed records: invoices, contracts, union calls, or seasonal calendars (e.g., harvest, tourist season). If a one‑time event inflated last year (sale of a business, pandemic overtime), flag it and show a normalized projection.

Set a base plus a percentage. A common structure is “base support” tied to predictable income plus a percentage of variable pay (bonuses, commissions, overtime, profit draws). Example: $600/month plus 10% of gross commissions above $3,000 per month, paid within 10 days of receipt. Require monthly or quarterly statements so percentage payments can be audited without argument.

Use arrears buffers, not wishful thinking. Instead of setting an unrealistically high monthly number that guarantees failure in the off‑season, adopt a realistic base and a seasonal “true‑up.” For example, add a clause requiring a yearly reconciliation each March using tax documents: if total support paid is less than what the guideline would have ordered based on actual annual income, the parent pays the difference over the next six months. This keeps ledgers honest without constant modifications.

Proof for cash and gig income. Courts need documentation. Maintain a business bank account, deposit all receipts, and keep logs for cash jobs. Track mileage and legitimate business expenses separately—personal expenses run through the business can backfire as “available income.” If platforms issue 1099‑K or 1099‑NEC forms, bring them; hiding income via multiple apps invites imputation.

Build payment automation. When income hits irregularly, it helps to automate what you can: weekly transfers to the SDU, percentage clauses that the employer or platform can honor, and ACH drafts timed to known commission cycles. For union or seasonal trades, ask payroll to withhold extra during peak months to build a cushion, with a year‑end reconciliation.

Plan for slowdowns. If the industry tanks or an injury sidelines work, file to modify promptly—retroactivity is limited. Bring evidence: layoff notices, reduced contracts, medical restrictions. Courts are receptive to temporary reductions with review dates, especially when the parent has a history of paying during good months.



Taxes and estimated payments. Variable earners should set aside taxes quarterly. Under‑withholding leads to April surprises and missed support. Build estimated tax planning into your budget and keep current support first in line—arrears with interest cost more than early caution.

Bottom line. For irregular income, precision beats optimism. Average sensibly, tie support to percentages, automate payments, and reconcile annually so support tracks real earnings without yo‑yo arrears.

Disclaimer: Educational information only; not legal advice. Guidelines and proofs vary by state and change over time. Consult a licensed attorney or your child support agency.

Practical checklist. (1) Build a 24‑month income spreadsheet with gross, commissions, and expenses by month; (2) propose a base‑plus‑percentage order using conservative baselines; (3) automate weekly SDU payments; (4) calendar quarterly reconciliations with proof; (5) if income dives, file to modify within 30 days with exhibits (cancelled contracts, market data); (6) after a strong quarter, send the percentage true‑up proactively to build credibility with the court and the other parent.