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.
I will ensure that you are well informed about your child’s rights and you and your spouse’s obligations. I strive to resolve your child support issues outside of court by providing you with more efficient and lower-cost options for resolution such as mediation, Collaborative Divorce, and lawyer-assisted negotiation.
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 calculation of child support, and thus it is very important to obtain legal advice on this issue. For example:
1. A parent may have income imputed to them if they are not working as much as they should be. This means a judge finds that the amount of income the parent who is paying support is claiming is not a fair reflection of what they could be earning, so the judge assigns an income to them based on what they should be earning.
2. A parent may have income attributed to them if they have access to income that does not show up on their personal tax return. This means a judge finds that the amount of income the parent who is paying support reports on their personal tax return is not a fair reflection of what income they have available to them through their company, so the judge assigns an income to them based on what they actually have available. This is often the case where a parent controls a company and therefore may be “hiding” income in the company or paying personal expenses with company money.
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 of a particular child, then a “set-off” amount is typically paid from the higher income earner to the lower-income earner. If the child lives mostly with one parent, then only the parent with whom the child does not live will pay support.
3. The child’s age. If a child is over the age of 19, the child support payable may be adjusted to suit the circumstances.
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.
