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Expert Child Support Lawyer in Kelowna

Kelowna child support lawyer

Child support is a factor that no separating parents with children can escape. 

Our Kelowna child support lawyer will help you navigate the process and ensure a fair outcome.

Essential Facts About Child Support

BC Child Support

Child support is an important issue for parents in British Columbia. It is a payment made by one parent to the other to help cover the costs of raising their children. Child support is a legal obligation and is regulated by the British Columbia Family Law Act and the Federal Child Support Guidelines. The two Acts outline the guidelines for calculating child support and set out the rights and responsibilities of both parents and step-parents.

Calculating Child Support

The amount of child support that is paid is determined by the Federal Child Support Guidelines. The Guidelines take into account:

  • The income of both parents
  • The number of children
  • The amount of time each parent spends with the children. 

The payment of child support is based on not just what a parent earns but the parent’s potential earning capacity. The guidelines ensure that the children receive fair and consistent support.

Parents can agree on the amount of child support to be paid, but if they cannot agree, they can ask the court to decide. The court will use the Guidelines to determine how much child support should be paid.

Special and Extraordinary Expenses

In addition to regular child support payments, parents may also be required to contribute to special or extraordinary expenses. These expenses exceed the typical cost of raising children, such as medical expenses, educational expenses, or extracurricular activities. These expenses are usually shared in proportion to the parties’ respective incomes.

Special expenses are related to the children’s health and well-being and are deemed necessary for proper care. Special expenses include medical and dental expenses, therapy, and specialized equipment or services.

Extraordinary expenses are unusual and not a normal part of raising children. Examples of exceptional expenses include private school tuition, summer camp, and extracurricular activities such as music lessons or sports teams.

Both parents are responsible for contributing to special and extraordinary expenses based on their ability to pay. The court may be asked to decide if the parents cannot agree on the amount each should contribute.

It is important to note that special and extraordinary expenses must be reasonable and necessary for the children’s well-being. Parents must provide receipts and other documentation to support their claims for special and extraordinary expenses.

Rights and Responsibilities of Parents

Parents have a joint and ongoing legal obligation to support their children. The child and not the parent have the right to child support

Parenting time can affect child support where both parents have the children for more than 40% of the time – a shared parenting regime. However, the parent with the majority of parenting time generally receives child support payments from the payor parent based on the parent’s “guideline income.”

The parent who pays child support is responsible for making regular payments to the parent caring for the children. The parent receiving child support is responsible for using the funds to benefit the children.

Enforcing Child Support Orders

If a parent fails to make the required child support payments, the other parent can take legal action to enforce the child support order through a child support lawyer. This enforcement can involve measures such as wage garnishment, seizure of property, or even imprisonment.

It’s crucial to understand that child support is not optional; it is a legally binding obligation. When a parent does not make the required payments, they are breaching a court order and may face serious legal consequences.

Whether you need to establish child support, recalculate an existing order, or seek to cancel a previous arrangement, contact our child support lawyer in Kelowna for a consultation. Our experienced legal experts are here to help you understand your rights.

Why Choose Our Child Support Lawyer in Kelowna

OUR APPROACH TO a RESOLUTION

1

COMMUNICATION & GOALS

Effective communication is the key to resolving any dispute. It starts at your initial meeting with our family lawyer as we discuss the reasons for contacting us, the nature of your dispute and your desired goals and outcomes.

2

PLANNING & STRATEGY

During the Planning & Strategy phase, Maio Law will review your case and discuss various options and methods of resolution to effectively accomplish your desired outcomes according to your budget and timeline.

3

EXECUTION & OUTCOMES

This phase is where the plan and strategy are put into action. During the execution phase, your plan and strategy will adapt to meet the changing environment to reach your desired outcome and goals.

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