Parents have a legal duty to support dependent children.
VANCOUVER CHILD SUPPORT LAWYERS
Our experienced Vancouver child support lawyers can assist you with all child support matters including calculating and obtaining guideline child support, collecting arrears of child support, enforcing and varying child support orders. We have an extremely high rate of success resolving even the most complex child support issues and a track record of satisfied clients.
KEY ISSUES AFFECTING CHILD SUPPORT
Your parenting arrangement will determine who has obligation to pay child support.
In shared custody situations or where the payor parent has the children more than 40% of the time, set off child support will apply.
When determining income, the court will generally look to a payor spouse’s line 150 income as reported on their T1 General Tax return for the most recent tax year.
The Federal Child Support Guidelines provide a framework for imputing income in the case of self-employed individuals.
Who Pays Child Support?
All parents have a legal responsibility to financially support dependent children. Child support is a right of the child’s and it’s purpose is to assist in your child’s day-to-day child related expenses. The parent who is primarily caring for your child is entitled to receive a monthly amount as determined by the Child Support Guidelines. If your child resides with both parents equally, then an analysis must be made to account for the appropriate amount of child support, often referred to as “set off” child support.
What Are S.7 Special Expenses?
Child support is different to special or extraordinary expenses, commonly referred to as “Section 7 expenses”. These expenses are paid in addition to base child support and are meant to cover things such as daycare, recreational sports, medical, dental and other special needs. These expenses should be shared in proportion to each parent’s income.
Modifying Child Support Orders
It is possible to modify child support orders when circumstances change. Two common scenarios warranting a change child support include a change the payor’s income (either increase or decrease) or a change in the custody arrangement (ie. you pay full child support but now your child lives with you more than 40% of the time).
Changes to child support orders must be done legally and with the approval of the court otherwise a party may later find themselves facing a substantial child support arrears charge. Our family law lawyers can help you determine if your child support order should be changed.
Non-Biological Parents & Child Support
Non-biological parents, ie. step-parents or even individuals who have cohabited with a child, may have an obligation to support children after separation. This may be the case if the step-parent has stepped into the shoes of a biological child, this can be the case whether the parties are married or in a common-law relationship. In determining whether a non-biological parent has stepped into the role of a parent for support purposes, a court will analysis the role and relationship between the child and the non-biological step-parent or individual and consider whether that relationship is akin to a parent/child relationship.
We suggest drafting an co-habitation agreement if a non-biological step-parent wants to ensure they avoid this unintended financial liability when cohabitation with a new spouse.
CHILD SUPPORT ARTICLES
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