Our Vancouver child support lawyers handle all types of Vancouver and BC Child Support guidelines cases and often deal with exceptional cases that require solid legal strategies to successfully resolve for parents paying or receiving child support in Vancouver. We act across BC with 4 offices in Vancouver, Surrey, Kelowna and Fort St John. Call 1 877 602 9900. Or come meet with us before it becomes messy. As top rated Vancouver child support lawyers, we tell our clients that both parents have a legal duty to financially support their children, whether or not they see or take care of their children. Vancouver BC child support is based on the idea that a child has a right to be supported by both parents in the same way they would be if the parents lived together. You cannot bargain away Vancouver child support because it is a right of the child. Sweetheart deals where parents trade no contact for no support are unenforceable and will lead to a nasty surprise down the road and often a large retroactive Vancouver child support payment. Child support is determined according to the federal government’s child support guidelines. Thorny Vancouver Child Support Issues:
- Vancouver child support in shared custody situations
- Departure from strict guideline payments for paying spouses who earn over 150,000 per annum in Vancouver support cases. See our substantial combined child support and spousal support win of nearly $30,000 a month.
- Calculation of income for underemployed or business owning spouses
- Payments of child support to step children in Vancouver child support disputes
- Vancouver child support entitlement and amount of support payable for children over the age of majority
- Denial of access or high access costs and what if any impact this has on the payment of Vancouver child support
Vancouver Child Support in Shared Custody Situations
Under the child support guidelines, to depart from the normal Vancouver child support guideline payments you must have a shared custody arrangement a parent which requires the parent exercise access/contact to, or have physical custody of, the children for 40 percent or more of the time in one year. This requirement often leads to battles between parents over the impact of the reduction in support. We tell our clients there is no real net support reduction because the parent with shared custody ends up paying the same or more when you add the reduced Vancouver child support payment and the direct costs paid when the child is in their care.
Problems That Can Arise In Vancouver Child Support Cases
Several concerns arise according to a recent REPORT ON FEDERAL-PROVINCIAL-TERRITORIAL CONSULTATIONS in shared custody support disputes:
- The 40 percent rule creates more stress in relationships and can treat the children as pawns;
- Both custodial and non-custodial parents often attempt to arrange custody with the 40 percent rule in mind, and not their children’s interests;
- The 40 percent rule links access and support payments, which diverts attention from the best interests of the children; and
- Time as a determinant encourages parents to demand time with the children in order to avoid paying support and without considering whether this situation is in the best interests of the children.
What is the test for Shared Custody Vancouver Child Support Claims?
Under the current child support guidelines, judges consider three things when determining the amount of child support in shared custody situations:
- the amount set out in the provincial and territorial child support tables, by income for each parent;
- the increased costs of shared custody arrangements; and
- the means and needs of the parents and the children.
There is no automatic set-off of support where the lower income earnings spouses notional guideline amount is deducted form the higher income earning spouse’s notional guideline payment. As you can see, complex Vancouver child support cases need expert legal guidance. Book an initial consultation at any of our 5 offices.
