Difference between revisions of "Introduction to Child Support"
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When a child was conceived with assisted reproduction, a surrogate mother can be a parent obliged to pay child support unless the people who wanted to have the child have an agreement with the mother that says otherwise. A donor of egg or sperm is not a parent who is required to pay child support unless the people who wanted to have the child have an agreement with the donor that says otherwise. | When a child was conceived with assisted reproduction, a surrogate mother can be a parent obliged to pay child support unless the people who wanted to have the child have an agreement with the mother that says otherwise. A donor of egg or sperm is not a parent who is required to pay child support unless the people who wanted to have the child have an agreement with the donor that says otherwise. | ||
Someone who is the spouse of a parent is a stepparent and can be required to pay child support to the parent. This can happen under the Divorce Act if the couple was married and the stepparent had a parent-like relationship with the child. Under the Family Law Act, married spouses and unmarried spouses can be obliged to pay child support to the parent as long as: the stepparent contributed to the support of the child for at least one year; the application is brought within one year of the stepparent’s last contribution to the support of the child; and the stepparent and parent have separated. Stepparents can be obliged to pay child support even when the other biological parent is already paying child support. | Someone who is the spouse of a parent is a stepparent and can be required to pay child support to the parent. This can happen under the ''Divorce Act'' if the couple was married and the stepparent had a parent-like relationship with the child. Under the ''Family Law Act'', married spouses and unmarried spouses can be obliged to pay child support to the parent as long as: the stepparent contributed to the support of the child for at least one year; the application is brought within one year of the stepparent’s last contribution to the support of the child; and the stepparent and parent have separated. Stepparents can be obliged to pay child support even when the other biological parent is already paying child support. | ||
==How to get child support?== | ==How to get child support?== | ||
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==Which court to apply to?== | ==Which court to apply to?== | ||
An application for a child support order can be to either the Family Court or the Supreme Court. Each court has its own set of forms and rules. Usually, it’s simpler and less expensive to obtain a child support order in Family Court. However, Family Court cannot deal with claims for divorce, the division of property or debt, the protection of property or claims under the Divorce Act. If the parent may need to ask for orders like these, it may be better to proceed in Supreme Court, where everything can be dealt with in one court case. | An application for a child support order can be to either the Family Court or the Supreme Court. Each court has its own set of forms and rules. Usually, it’s simpler and less expensive to obtain a child support order in Family Court. However, Family Court cannot deal with claims for divorce, the division of property or debt, the protection of property or claims under the ''Divorce Act''. If the parent may need to ask for orders like these, it may be better to proceed in Supreme Court, where everything can be dealt with in one court case. | ||
==How is the amount of child support calculated?== | ==How is the amount of child support calculated?== | ||
The amount of child support payable is determined by the Child Support Guidelines. For most people, the Guidelines specify the amount of support based on the paying parent’s income and the number of child support is being paid for. The exceptions to this general approach are discussed below. | The amount of child support payable is determined by the Child Support Guidelines. For most people, the Guidelines specify the amount of support based on the paying parent’s income and the number of child support is being paid for. The exceptions to this general approach are discussed below. | ||
People can find the Child Support Guidelines and calculate the support amount using Child Support Online Look-up on the federal Department of Justice website at [http://www.canada.justice.gc.ca www.canada.justice.gc.ca]. Select “Programs and Initiatives”, click on “Child Support” link, and then select “Federal Child Support Amounts” under “Resources”. | People can find the [htto://laws.justice.gc.ca/eng/regulations/SOR-97-175/index.html Child Support Guidelines] and calculate the support amount using [http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp Child Support Online Look-up] on the federal Department of Justice website at [http://www.canada.justice.gc.ca www.canada.justice.gc.ca]. Select “Programs and Initiatives”, click on “Child Support” link, and then select “Federal Child Support Amounts” under “Resources”. | ||
==What costs does child support cover?== | ==What costs does child support cover?== | ||
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==What are “special or extraordinary” expenses?== | ==What are “special or extraordinary” expenses?== | ||
In some cases, both parents can be obliged to contribute to certain of the child’s expenses on top of the basic amount of child support. There are four types of expenses that may qualify as special or extraordinary expenses: | In some cases, both parents can be obliged to contribute to certain of the child’s expenses on top of the basic amount of child support. There are four types of expenses that may qualify as special or extraordinary expenses: | ||
*child care expenses, often so the parent who looks after the child can work or go to school in order to get work; | *child care expenses, often so the parent who looks after the child can work or go to school in order to get work; | ||
*medical or health related expenses for the child, including the cost of medical insurance; | *medical or health related expenses for the child, including the cost of medical insurance; | ||
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If the paying parent is a stepparent, he or she may pay less child support than what the Child Support Guidelines would normally be required. There is no formula to do this calculation; often the court treats the stepparent’s obligation as a top up to the amount that should be paid by the child’s other parent. | If the paying parent is a stepparent, he or she may pay less child support than what the Child Support Guidelines would normally be required. There is no formula to do this calculation; often the court treats the stepparent’s obligation as a top up to the amount that should be paid by the child’s other parent. | ||
In determining the amount of support paid by stepparents under the Family Law Act, the court can consider: | In determining the amount of support paid by stepparents under the ''Family Law Act'', the court can consider: | ||
*the length of time the child and stepparent lived together; and | *the length of time the child and stepparent lived together; and | ||
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==What if the amount set by the Child Support Guidelines is too high or too low?== | ==What if the amount set by the Child Support Guidelines is too high or too low?== | ||
In certain other circumstances the court can order that more or less child support be paid than what the Child Support Guidelines require. For this to happen, a parent must show that the payments required by the Guidelines would cause “undue hardship”. Undue hardship means that the required payments would be very unfair and cause a very significant financial problem for either the parent receiving support or the parent paying it. | In certain other circumstances the court can order that more or less child support be paid than what the Child Support Guidelines require. For this to happen, a parent must show that the payments required by the Guidelines would cause “undue hardship”. Undue hardship means that the required payments would be very unfair and cause a ''very'' significant financial problem for either the parent receiving support or the parent paying it. | ||
When a claim of undue hardship is made, the court will look at the standard of living of each parent’s household, including the income from a new spouse or live-in boyfriend or girlfriend, and compare each household’s standard of living against the other. Proving undue hardship is complicated, and it is better to speak with a lawyer. | When a claim of undue hardship is made, the court will look at the standard of living of each parent’s household, including the income from a new spouse or live-in boyfriend or girlfriend, and compare each household’s standard of living against the other. Proving undue hardship is complicated, and it is better to speak with a lawyer. | ||
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==What to do if child support isn’t paid?== | ==What to do if child support isn’t paid?== | ||
If a parent doesn’t pay the child support owing under an order or an agreement, the Family Maintenance Enforcement Program can help. Program staff will help to collect support payments that are owed and monitor a support order to make sure payments continue to be made. For more information on this, refer to script 132 on “Enforcing Orders and Agreements for Support”. | If a parent doesn’t pay the child support owing under an order or an agreement, the Family Maintenance Enforcement Program can help. Program staff will help to collect support payments that are owed and monitor a support order to make sure payments continue to be made. For more information on this, refer to script [[Enforcing Orders and Agreements for Support (Script 132)|132]] on “Enforcing Orders and Agreements for Support”. | ||
==For more information refer to the following resources:== | ==For more information refer to the following resources:== | ||
*Family Justice Counsellors in Family Justice Centres throughout British Columbia can help parents with understanding the Child Support Guidelines, preparing a separation agreement, and obtaining a support order in Family Court. Their services are free. Phone 604.660.2421 in the lower mainland, 250.387.6121 in Greater Victoria or toll-free 1.800.663.7867 elsewhere in BC, and ask to speak with a Family Justice Counsellor in the nearest Family Justice Centre nearest. Also see the Family Justice website at [http://www.justicebc.ca/en/fam/ www.justicebc.ca/en/fam/]. | *Family Justice Counsellors in Family Justice Centres throughout British Columbia can help parents with understanding the Child Support Guidelines, preparing a separation agreement, and obtaining a support order in Family Court. Their services are free. Phone 604.660.2421 in the lower mainland, 250.387.6121 in Greater Victoria or toll-free 1.800.663.7867 elsewhere in BC, and ask to speak with a Family Justice Counsellor in the nearest Family Justice Centre nearest. Also see the Family Justice website at [http://www.justicebc.ca/en/fam/ www.justicebc.ca/en/fam/]. | ||
*For more information about the Child Support Guidelines, a Child Support Office is available in Vancouver, Surrey, Kelowna and Nanaimo. The contact numbers are 604.660.2084 and 604.501.3100 in the lower mainland or toll-free 1.800.578.8511 and 1.888.227.7734. | *For more information about the Child Support Guidelines, a Child Support Office is available in Vancouver, Surrey, Kelowna and Nanaimo. The contact numbers are 604.660.2084 and 604.501.3100 in the lower mainland or toll-free 1.800.578.8511 and 1.888.227.7734. | ||
*See info about [http://www.justice.gc.ca/eng/fl-df/child-enfant/ Child Support] from the federal Department of Justice website at [http://www.canada.justice.gc.ca www.canada.justice.gc.ca]. Select “Programs and Initiatives” and then the “child support” link. | *See info about [http://www.justice.gc.ca/eng/fl-df/child-enfant/ Child Support] from the federal Department of Justice website at [http://www.canada.justice.gc.ca www.canada.justice.gc.ca]. Select “Programs and Initiatives” and then the “child support” link. | ||
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[updated | [updated February 2015] | ||