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
Our Vancouver Divorce Lawyers work hand in hand with you to take the stress out of your divorce or separation so you divorce with confidence.
Each divorce or separation is unique. Having practiced as a Vancouver family lawyer for many years, I have encountered several common mistakes people make. Read our post to avoid those mistakes.
What Our Clients are Saying
"I retained Nassim, from Nasser Allan LLP, last minute and in a short time, she was able to learn my case inside out. I was impressed. She also attended court in my case and we won with costs awarded to me. Her rates were also reasonable."
"Laura really took a lot of pressure off my shoulders when it came time to settle my divorce. Family breakup is never a positive experience, but having a committed and knowledgeable guide by my side allowed me to focus on the important stuff like healing myself and my kids."
"Nassim gave me so many creative options to settle my case without incurring significant legal fees and her suggestions helped me to reach a speedy resolution in my case."
Why choose us
We have the expertise
Our divorce lawyers have extensive legal knowledge to help you navigate complex legal disputes.
We pride ourselves on our outstanding customer service, representing our clients with integrity and confidentiality.
We speak in plain language
Communication with our clients is paramount. You will always be kept in the loop and know where your case stands.
We are efficient and cost effective
We are upfront with what will be charged to you and work together with you so your case strategy does not exceed your budget.
Get a Consultation
Fill out the form below to receive an initial consultation and we will get back to you shortly.