The freelance lifestyle offers independence and flexibility but also results in a degree of financial unpredictability. For the growing number of Americans working without a fixed salary, this trend can become a serious challenge during a divorce. As of 2025, over 64 million people in the U.S. are freelancers, making up about 38% of the workforce.
While this shift reflects a changing economy, it also creates complications when legal systems are designed around steady paychecks and must assess child support. Whether on the payroll or not, dealing with child support can feel overwhelming. The law requires a fair and consistent financial plan for a child, but how can you account for that when income fluctuates monthly?
When the paycheck varies, but the needs do not
Courts aim to have children receive consistent support, regardless of a parent’s job type. For freelancers, this means income must be carefully documented and averaged. Here is how that works:
- Tax returns and bank statements: Courts will look at the past two to three years of tax filings and bank records to determine an average monthly income.
- Profit and loss statements: Freelancers may need to provide detailed breakdowns of business income and expenses.
- Imputed income: If income is inconsistent or underreported, a judge might assign an estimated income based on industry standards or past earnings.
- Temporary or adjustable orders: Some courts allow flexible arrangements to be reviewed periodically as income changes.
The courts may also request full financial disclosure and possibly consult a forensic accountant to help ensure all income streams are considered.
Divorce is not an easy process; when freelance income is involved, it adds another level of complexity. Both parties should consider legal guidance to handle the process fairly. A legal practitioner can help interpret financial records, advocate for reasonable support terms and help ensure that a child’s needs remain the top priority.