Child Support: Difference between revisions
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→Child support and social assistance
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==Child support and social assistance== | ==Child support and social assistance== | ||
When a parent who is entitled to receive child support goes on social assistance, the government agrees to provide support for that parent and his or her child. If there is someone else who might be obliged to support the child, such as another parent or guardian, the provincial government would prefer that this person | When a parent who is entitled to receive child support goes on social assistance, the government agrees to provide support for that parent and his or her child. If there is someone else who might be obliged to support the child, such as another parent or guardian, the provincial government would prefer that this person support the child, as they have the legal obligation to do so, rather than the taxpayer, and the government will usually come knocking on the other parent's door. | ||
===Recipients of social assistance applying for child support=== | ===Recipients of social assistance applying for child support=== | ||
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It used to be that child support paid to a recipient of social assistance was "clawed back" by the government. However, since September, 2015, those receiving social assistance or disability payments are now allowed to keep child support payments. | It used to be that child support paid to a recipient of social assistance was "clawed back" by the government. However, since September, 2015, those receiving social assistance or disability payments are now allowed to keep child support payments. | ||
Before September, 2015, the collection of child support payments for people on social assistance was run by the [http://www.eia.gov.bc.ca/publicat/bcea/fmp.htm Family Maintenance Program] (FMP). (This is a different organization than the Family Maintenance Enforcement Program, which enforces child support payments between parents.) FMP had the authority to pursue child support however it saw fit and could apply for orders or apply to vary child support orders on | Before September, 2015, the collection of child support payments for people on social assistance was run by the [http://www.eia.gov.bc.ca/publicat/bcea/fmp.htm Family Maintenance Program] (FMP). (This is a different organization than the Family Maintenance Enforcement Program (FMEP), which enforces child support payments between parents.) FMP had the authority to pursue child support however it saw fit and could apply for orders or apply to vary child support orders on behalf of the recipients, who were required to cooperate with FMP's actions. When the changes were announced, the government indicated that it would still offer assistance in collecting child support even though social assistance recipients would not have their child support "clawed back". How much assistance is actually being offered is not presently known to the writers. If you have any experiences in this area, feel free to send an email to the editorial team. We can be reached at editor@clicklaw.bc.ca. | ||
===Applying for child support from a recipient of social assistance=== | ===Applying for child support from a recipient of social assistance=== | ||
You can apply to receive child support from a parent who is receiving social assistance, but don't expect to get much for your trouble. The Guidelines do not require that a parent pay child support if the parent's annual income is less than $10, | You can apply to receive child support from a parent who is receiving social assistance or disability social assistance, but don't expect to get much for your trouble. The Guidelines do not require that a parent pay child support if the parent's annual income is less than $10,820 per year. Social assistance or disability assistance payments, which are non-taxable, would be grossed-up for child support purposes. | ||
Even if you're not likely to get a lot of money out of the other parent, it may be a good idea to make the application and get an order, since the order will at least establish the payor's obligation to provide child support. It's often easier to ask for an increase in the amount payable later on, when the payor is back on his or her feet, than it is to apply for an original child support order. As well, some people who might be normally responsible to pay support, like a stepparent, may lose their obligation to pay support under the ''[[Family Law Act]]'' if the application isn't made within a year of the person's last contribution to the child's support. It can be critical to get an order that child support be paid early on. | Even if you're not likely to get a lot of money out of the other parent, it may be a good idea to make the application and get an order, since the order will at least establish the payor's obligation to provide child support. It's often easier to ask for an increase in the amount payable later on, when the payor is back on his or her feet, than it is to apply for an original child support order. As well, some people who might be normally responsible to pay support, like a stepparent, may lose their obligation to pay support under the ''[[Family Law Act]]'' if the application isn't made within a year of the person's last contribution to the child's support. It can be critical to get an order that child support be paid early on. | ||
