Renshi v Renshi, 2022 BCSC 1942 (CanLII) The issue in focus: Application for an order setting aside terms of a separation agreement regarding child support
BOUTIQUE KELOWNA FAMILY LAW FIRM
Child support is a factor that no separating parents with children can escape.
What you need to know about Child Support
British columbia 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. The act outlines the guidelines for calculating child support and sets out the rights and responsibilities of both 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, and the amount of time each parent spends with the children. The payment of child support is based on not just what a parent does earn, but the potential earning capacity of the parent. The guidelines are designed to ensure that the children receive a fair and consistent level of support.
Parents can agree on the amount of child support that is to be paid, but if they cannot agree, they can ask the court to make a decision. The court will use the Guidelines to determine the amount of child support that 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 are expenses that are over and above the normal 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 expenses that are related to the children’s health and well-being and are deemed necessary for their proper care. Examples of special expenses include medical and dental expenses, therapy, and specialized equipment or services.
Extraordinary expenses are expenses that are unusual in nature and not a normal part of raising children. Examples of extraordinary 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 respective abilities to pay. If the parents cannot agree on the amount each should contribute, the court may be asked to make a decision.
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. It is the child and not the parent who has the right to child support.
Parenting time can affect child support where both parents have the children for greater than 40% of the time – a shared parenting regime. However, generally, the parent with the majority of parenting time receives child support payments from the payor parent based on the payor parents “guideline income”.
The parent who pays child support is responsible for making regular payments to the parent who is caring for the children. The parent who is receiving child support is responsible for using the funds for the benefit of the children.
Enforcing Child Support Orders
If a parent is not making the required child support payments, the other parent can take legal action to enforce the child support order. This can include wage garnishment, seizure of property, or even imprisonment.
It is important to remember that child support is not optional. If a parent is not making the required payments, they are in breach of a court order and can face serious legal consequences.
Whether you are looking to establish child support or recalculate or cancel a previous order, contact Maio Law for a consultation on your rights as a payor or payee of child support.
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SEPARATION & DIVORCE INSIGHTS
Hinz v. Davey, 2022 BCCA 232 The issue in focus: The Courts jurisdiction under the Family Law Act (“FLA”) to retroactively vary support payments in