Children have a legal right to child support. In Vancouver, B.C., and throughout Canada, child support is governed by the Federal Child Support Guidelines, which can be found here.
The Federal Child Support Guidelines provide a standardized framework for child support including how a parent’s income is determined, how much child support will be paid, and how long the support payments must be made.
My guarantees:
- I will help you resolve your child support issues out of court by providing you with cost-effective and efficient options such as mediation, Collaborative Divorce, and lawyer-assisted negotiation.
- I will provide you with child support information and ensure that you are well informed about your child’s rights and your and your spouse’s obligations.
Frequently Asked Questions
Child support is money paid by a parent to a child, who has a legal right to receive this support.
There are two types of child support:
1. Basic child support – child support paid for general costs of living such as food, shelter, and other daily expenses.
2. “Section 7” Special or Extraordinary Expenses – child support paid to cover additional expenses such as dental/medical expenses, counseling, childcare and extracurricular activities (generally only if a child shows special skill).
A stepparent may owe child support. A child’s stepparent does not have a duty to provide support for the child unless the stepparent contributed to the support of the child for at least one year, and the claim for support is started within one year after the date the stepparent last contributed to the support of the child. Even if a stepparent is liable for child support, a biological parent’s obligation will take priority.
A parent’s income will be determined under the Federal Child Support Guidelines.
A parent’s personal tax return income may not be the income that is used for the calculation of child support, and thus it is very important to obtain legal advice on the issue of income determination. For example:
1. A parent may have income “imputed” to them on the basis of what they should be earning if they are not working as much as they should be, or are working at a job that is below their skill level (and are thus earning less than they should be).
2. A parent may have income attributed to them if they are a shareholder, director or officer of a corporation and have access to income that does not show up on their personal tax return. This is often the case where a parent “hides” income in the company – for example, they may pay themselves less than their company earns to reduce taxes/their support obligations and may pay for personal expenses with company money. In this case, the income they have available to them through their company may be “attributed” to them.
The amount of basic child support will depend on:
1. Parents’ incomes. The Federal Child Support Guidelines prescribe the amount of child support that must be paid on a given income. If one parent has the primary residence of the child, then generally, only the income of the parent with whom the child does not live matters (but both parents’ incomes matter for Section 7 expense proportioning). If the child lives approximately equally with both parents, then both parents’ incomes count.
2. The parenting arrangements. If the parents share parenting (meaning that each parent has the child or children at least 40% of the time), then typically each parent will pay the other the amount of child support that they would pay if the child or children were primarily living with the other parent, and the result is that the lower income earner will receive a net gain (the “set-off” amount). Child support is paid in this way so that each parent has the opportunity to claim the eligible dependant credit.
3. The child’s age. If a child is over the age of 19, child support will only be paid if the child is not yet able to support themselves for reasons that include disability or attendance at a full-time post-secondary program. The child’s needs, means and contributions to their own support will be considered in determining the appropriate amount of child support payable.
Child Support Guidance
I am a knowledgeable and practical lawyer whom you can trust. I am accessible, which means I am available to answer your questions and respond promptly to your emails and phone calls. My goal is to determine the child support solution that is best for you and your family. I will advise you on your child support rights and obligations and equip you with the information you need to make informed decisions.
