Child Support Lawyers in Abbotsford, BC
In British Columbia, every child has the right to receive support.
This means that any divorce that includes minor children must include provisions for that child’s support.
Setting child support is straightforward for some families. If both you and your ex have regular income under $150,000 then you’d simply use the Federal Child Support Guidelines.
We’re here to help when negotiating child support isn’t so straightforward.
What can complicate child support?
Child support gets complicated when:
- One or both parents make more than $150,000
- Both parents share more than 40% of the parenting time
- One or both parents have variable income
- One or both parents is an entrepreneur or business owner
- The child has special needs
- The child is accustomed to receiving certain benefits, such as private schooling
- There are vast disparities between the lifestyles of each parents, to the point where it could be detrimental to the relationship between parents and children
The formula may still supply a starting point for negotiations in these cases, but in each of these cases there may be a case for paying more child support. Child support may never drop below the amounts listed in the Federal Child Support Guidelines.
Parenting Time & Child Support
If one parent has less than 40% parenting time with a child then they will be the one paying support to the primary residential parent.
If each parent has at least 40% parenting time then they are assumed to be supporting their child whenever the child is with them. When this happens, each parent calculates the child support they would have paid had the other parent been the primary residential parent.
The lower amount is then subtracted from the higher amount. The higher earning parent then pays the difference to the lower earning parent. This helps to ensure the child can consistently get their needs met regardless of the parent they are staying with from day to day.
What happens when a parent makes more than $150,000?
High income earners are subject to different rules. According to the Guidelines:
“Where the income of a payor parent is over $150,000 s. 4 authorizes the Court to deviate from the Guidelines table amount if it considers the prescribed amount to be “inappropriate.” Whether the court should depart from the guidelines is a matter of discretion.”
Parents may need to provide a schedule of reasonable child expenses. In addition the court might authorize certain direct payments. For example if such a high child support amount is necessary to pay for private school, then the courts might authorize the parent to pay some child support to the other parent and some directly to the tuition and book fees of the child.
The exact amounts are set on a case-by-case basis. Often the Guidelines create absurd payments as monthly incomes go up, and judges can reduce the amount if it begins to look like a wealth transfer to the other parent instead of an amount necessary to care for the child. In many cases, however, the judge will opt to just use the guidelines, even as incomes exceed $650,000.
Our team will help you balance the need to protect your wealth vs. the need to care for your child.
What happens when a parent’s income varies?
Usually, the courts will just take an average of the parent’s income over a three year period to determine how much they actually make. In instances where the amounts that count as “income” vs. “corporate funds” or “bonuses” isn’t clear, the courts may also choose to impute income.
This is essentially an income that the judge “says” you make. Obviously there are ways that imputed income can become highly disadvantageous to the payor.
We help to ensure that each spouse’s income is calculated fairly.
What are Section 7 expenses?
Section 7 expenses are special and extraordinary expenses that can arise throughout the course of the child’s life. Some are recurring and predictable, others are one-time only expenses.
If your child has chronic illness or some other special circumstances it may be appropriate to negotiate a higher child support amount up front to ensure that their monthly needs are met.
Special, one-off expenses that might arrive include:
- Braces
- Surgeries
- Special extra-curricular expenses
- Summer camp
- Other unforeseen expenses
If certain expenses arise the parenting order should include provisions for how those expenses will paid. For example, if one parent provides the receipt the other parent should be ready to pay whatever percentage has been negotiated in their parenting orders.
Child Support Modifications
Circumstances change. When this happens it may be possible to seek a modification of the child support order. For example, if you are injured at an accident and can no longer work at your old job it may be appropriate to change the amount of child support that you owe.
It is important to be careful. If the court believes you are underemployed or unemployed on purpose solely for the purposes of avoiding child support payments then they can use your employment history, health history, and other factors to assign you an imputed income, which means you might become responsible for paying a hefty child support amount whether you can afford to do so or not.
Get Help With Child Support
Child support doesn’t have to become a source of stress during your divorce. We will help you negotiate a fair arrangement.
Our experienced attorneys rarely encounter a child support challenge they haven’t seen before in some form or fashion. We’re prepared to offer solid arguments for the right child support arrangements. We can help you negotiate with your spouse or put your case before the court.
Most parents want to support their children. We’re just here to help ensure that support is fair, realistic, and workable for the life that you live.
Got concerns? Got questions? Call 1-604-504-8309 to schedule an initial consultation today. We’ll look at your family’s unique circumstances and help you determine what a fair child support arrangement might look like. We’ll then help you fight for it. Call us today.