Child Support

Child support in British Columbia is calculated using the federal Child Support Guidelines. The guidelines provide a formula for determining the amount of child support that a parent should pay based on their income and the number of children. The formula takes into account factors such as the number of overnight stays the children have with each parent and any special or extraordinary expenses related to the children's care.

To calculate child support, the guidelines first determine the payor parent's gross income, which includes all sources of income such as employment income, investment income, and rental income. The guidelines then apply a set of tables to the payor parent's income to determine the base amount of child support. This base amount can be adjusted based on specific circumstances, such as the number of children and any special or extraordinary expenses.

It is important to note that the Child Support Guidelines are just that - guidelines - and that the court has the discretion to depart from them if there are compelling reasons to do so. In some cases, a deviation from the guidelines may be necessary to ensure that the children's needs are met and that the support amount is fair and reasonable in light of the particular circumstances.

To apply for child support in British Columbia, either parent or a person with custody of the children can make an application to the British Columbia Ministry of Justice, Family Justice Services Branch. The application process typically involves the following steps:

1. Gather Information: Collect information about the paying parent's income and other relevant financial information.
2. Complete an Application: Complete the Application for Child Support Services, which is available online or at any Family Justice Centre in BC.
3. Submit the Application: Submit the completed application, along with any supporting documentation, to the Ministry of Justice, Family Justice Services Branch.
4. Service the Application: The Ministry will serve the application on the paying parent and the court process will begin.
5. Attend a Hearing: If the paying parent does not agree to the amount of child support requested, a hearing may be scheduled to determine the amount of support to be paid.

It is important to note that the process can take several months and that it is vital to provide accurate and complete information on the application. An experienced family lawyer can assist you in navigating the process and representing your interests in court.

Additionally, a lawyer can help you understand your rights and obligations under the law, and ensure that the child support order accurately reflects the children's needs and the paying parent's ability to pay.

Whether you need a lawyer to change the child support amount depends on the circumstances of your case and your personal preferences. Here are a few things to consider:

1. If the change is agreed upon by both parents: If you and the other parent have agreed to change the child support amount, you can draft a written agreement and submit it to the court for approval. In this case, you may not need a lawyer.
2. If the change is not agreed upon by both parents: If the other parent does not agree to the change in the child support amount, you will need to file a motion with the court to request a new order. In this case, it is recommended that you seek the assistance of a family lawyer to help you navigate the legal process and represent your interests in court.
3. If there has been a significant change in circumstances: If there has been a significant change in either parent's income or the children's needs, you may be able to request a variation of the child support order. In this case, a lawyer can help you understand your rights and obligations, and assist you in negotiating a new agreement or representing your interests in court.

Regardless of the circumstances, a family lawyer can provide you with guidance and support throughout the process, and help ensure that the child support order accurately reflects the children's needs and the paying parent's ability to pay.

The cost of changing a child support order depends on several factors, including:

1. Legal fees: Hiring a family law attorney to represent you in a child support variation case can cost anywhere from several hundred to several thousand dollars, depending on the complexity of the case and the attorney's hourly rate.
2. Court fees: There may be court fees associated with filing a motion to change the child support order, which can range from a few hundred dollars to several thousand dollars, depending on the jurisdiction and the type of motion.
3. Expert fees: If your case requires expert testimony, such as a financial expert or a custody evaluator, you may be responsible for paying the fees of these experts, which can add several thousand dollars to the total cost of the case.

It is important to keep in mind that the cost of changing a child support order can vary greatly depending on the circumstances of your case, and it is difficult to provide a specific estimate without knowing more about your specific situation.

If you are considering a change in your child support order, it is recommended that you consult with a family law attorney who can help you understand the costs involved and provide you with an estimate of the expenses you can expect to incur.

In British Columbia, child support and spousal support are two distinct types of support payments that may be ordered by the court in a divorce or separation case.

Child support is a payment made by one parent to the other to help support the children of the relationship. Child support is based on the federal Child Support Guidelines and is calculated based on the paying parent's income, the number of children, and the amount of time each child spends with each parent. Child support payments are typically made until the child reaches the age of majority, or until a different arrangement is agreed upon by the parents.

Spousal support, on the other hand, is a payment made by one spouse to the other to help equalize their standard of living after separation. Spousal support is not calculated based on a set formula, but rather is based on factors such as the length of the marriage, the spouses' earning capacities, and their roles and responsibilities during the marriage. Spousal support can be paid for a specified period of time, or it can be paid indefinitely.

Both child support and spousal support are separate from property division, which involves the distribution of assets and debts between the spouses.

It is important to note that child support and spousal support are two separate obligations, and the fact that a parent is ordered to pay child support does not necessarily mean that they will also be ordered to pay spousal support. Each case is unique, and the court will consider the specific circumstances of each case when making an order for support.