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Difference between revisions of "Marriage (3:III)"
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Per section 148 of the ''FLA'', an agreement respecting child support is binding only if the agreement is made after separation, or when the parties are about to separate, for the purpose of being effective on separation. It would thus not be binding if it is in a marriage/cohabitation agreement. | Per section 148 of the ''FLA'', an agreement respecting child support is binding only if the agreement is made after separation, or when the parties are about to separate, for the purpose of being effective on separation. It would thus not be binding if it is in a marriage/cohabitation agreement. | ||
Courts can override or vary any such terms that are inconsistent with ''Federal Child Support Guidelines'' (''Young v Young'', 2013 BCSC 1574) or with section 150 of the ''FLA'' [''Determining Child Support'']. Section 150 states that the amount of child support is to be determined by the ''Federal Child Support Guidelines'' (''Thibault v White'', 2014 BCSC 497). These guidelines have not been changed by the new ''FLA'' and old court decisions interpreting the guidelines continue to apply (''SML v RXR'', 2013 BCPC 123). | Courts can override or vary any such terms that are inconsistent with the [http://canlii.ca/t/80mh ''Federal Child Support Guidelines''] ([http://canlii.ca/t/g09dm ''Young v Young'', 2013 BCSC 1574]) or with section 150 of the ''FLA'' [''Determining Child Support'']. Section 150 states that the amount of child support is to be determined by the ''Federal Child Support Guidelines'' ([http://canlii.ca/t/g6907 ''Thibault v White'', 2014 BCSC 497]). These guidelines have not been changed by the new ''FLA'' and old court decisions interpreting the guidelines continue to apply ([http://canlii.ca/t/fxnqv ''SML v RXR'', 2013 BCPC 123]). | ||
The primary objective is to ensure, so far as practicable, that the children will enjoy a reasonably consistent, and reasonably adequate, standard of living, unaffected, so far as is practicable, by changes in the relationships among their parents and step-parents (See ''B (C) v B (M)'', [2014] CarswellBC 1212 (BCPC)). It is also important to note that any term purporting to exclude support obligations is likely to be found invalid on public policy grounds. The Court will seldom uphold an amount lower than the guidelines, even if the parties agree on it, unless there is an appropriate reason to approve it, such as some other arrangement that directly benefits the child. It is important to note that the Court may refuse an application for a Divorce Order if the Court is not satisfied that appropriate arrangements have been made for the support of the parties’ children. See [[Spousal and Child Support (3:VIII) | Section VIII: Spousal and Child Support]]. | The primary objective is to ensure, so far as practicable, that the children will enjoy a reasonably consistent, and reasonably adequate, standard of living, unaffected, so far as is practicable, by changes in the relationships among their parents and step-parents (See ''B (C) v B (M)'', [2014] CarswellBC 1212 (BCPC)). It is also important to note that any term purporting to exclude support obligations is likely to be found invalid on public policy grounds. The Court will seldom uphold an amount lower than the guidelines, even if the parties agree on it, unless there is an appropriate reason to approve it, such as some other arrangement that directly benefits the child. It is important to note that the Court may refuse an application for a Divorce Order if the Court is not satisfied that appropriate arrangements have been made for the support of the parties’ children. See [[Spousal and Child Support (3:VIII) | Section VIII: Spousal and Child Support]]. | ||