How much am I owed in Child Support?
As highly rated Vancouver child support and child maintenance lawyers, we often tell our BC family law clients seeking child support, that the basic amount of support is a floor not a ceiling and that additional expenses for special and extraordinary items can be added on by the court and shared in proportion to the incomes of both parents.
Conversely, we often warn parents that the basic child support amount already contains a component to pay for sports, artistic and other extracurricular activities and that enrolling a child in every activity and demanding contribution from the other parent is unrealistic.
How do you know what extra support should be payable for this tricky area?
The court will look at the need for the expense and the reasonableness of the cost looking at the affordability of the expenses for the family. In cases where incomes are low more extracurricular activities might be extraordinary but there may not be enough money to pay for it. Secondly, in very wealthy families a very large child support payment might mean no extracurricular extra add on charge is reasonable as the large basic amount can easily cover it.
Let’s start with a few examples of what is and isn’t allowed. Every case is different so be sure to consult with an experienced Vancouver family lawyer. We have 4 offices across BC and any of our experienced family lawyers are happy to meet with you for an initial consultation.
Commonly Allowed Special Expenses For Extracurricular Activities
A number of BC cases including high profile ones we have acted in have allowed hockey expenses, music lessons, purchase of musical equipment, summer camps, golf or other sports activities- where the child had exceptional talent- and art classes. Not all of these activities will always be approved by the court for an extra child support payment. Common sense, fairness, and affordability will always be driving factors in the Court’s decision.
Commonly Disallowed Special Expenses For Extracurricular Activities
A court will be very reluctant to approve any extra expense that puts either parent into debt to pay for it. Similarly, blindly signing children up for activities without consulting the parent you seek contribution from is not a good idea. You may end up paying for all of an expense that the court says is not necessary nor reasonable. Skilled hockey players with bright futures are not guaranteed additional support says one BC case. In other cases, involving horseback riding, hockey and summer activities, courts have on some occasions denied these expenses when these extra add-ons have been considered neither necessary or reasonable.
Here is the actual legislation with key parts bolded for ease of reference.
7. (1) In a child support order the court may, on either spouse’s request, provide an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation:
(f) extraordinary expenses for extracurricular activities.
Definition of “extraordinary expenses”
(1.1) For the purposes of paragraphs (1)(d) and (f), the term “extraordinary expenses” means
(a) expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse’s income and the amount that the spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate; or
(b) where paragraph (a) is not applicable, expenses that the court considers are extraordinary taking into account
(i) the amount of the expense in relation to the income of the spouse requesting the amount, including the amount that the spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate
(ii) the nature and number of the educational programs and extracurricular activities,
(iii) any special needs and talents of the child or children
(iv) the overall cost of the programs and activities, and
(v) any other similar factor that the court considers relevant.
Child support issues can be complex and mistakes in taking too little or overpaying are all to frequent. Consult a top Vancouver family lawyer so you and your children are protected.
