Vancouver and Surrey Child Support: a must read for parents by Jeff Zilkowsky of MacLean Law
Ever wonder why the women on the Maury Povich show want to confirm ‘who the father is’? My (jaded) guess: they want child support. Our top rated lawyers are pleased to help you if you face a child support disagreement or just went to set the fair amount after understanding your rights and obligations.
On that note, child support is one of the most commonly misunderstood subjects in family law. And, rightly so: it’s complicated.
So, in the interest of clearing up some of those misconceptions, this column will address some of the general laws/rules around child support.
What is Vancouver and Surrey child support?
To begin, what is child support? Put very simply, it is money paid by one parent (who doesn’t primarily reside with the child) to another parent (who does reside with the child) to cover those costs associated with raising that child, such as food and clothing.
How much child support do you pay?
How much money does someone actually pay? Well, this question is usually very easy to answer. Typically, the amount is based on the number of the children (who are receiving support) and the income (of the person being asked to pay support).
I’ll explain further.
There are Child Support Guidelines (i.e. tables) that state how much money someone should pay based on how much money that person earns and how many children that person has to support.
For your (extra) information, here is an online calculator provided by the government (that incorporates the Guidelines) that quickly calculates how much child support someone should pay: Child Support Calculator
To illustrate, if you refer to the calculator, you’ll see that someone who earns $50,000.00/year and has two children will pay $758.00/month. It’s that simple…typically.
Now, there are exceptions; but, this is the general rule that applies to the vast majority of families.
Expenses don’t impact child support amount
And, quite frankly, it doesn’t matter how the person earns the $50,000.00/year: it could be from investments, employment, or self-employment. It really doesn’t matter. And, on that note, it doesn’t matter how much someone’s expenses are, either….
In child support claims, it is very common to have the person who has to pay child support tell the judge/lawyers that they cannot afford it. They’ll explain that they have other expenses, that they just bought a new house, that they have other children, etc. But, in the end, it doesn’t matter.
Here’s the ugly truth: if you earn a particular amount of money per year, then it’s a ‘done deal’ – you pay ‘x amount’ based on the income you earn and the children you have to support. Your expenses are your problem and, if your expenses are too high, then don’t have those expenses.
Don’t lie about how much money you earn
Now, it may not surprise you to know that some people will tell a judge that they earn less money than they actually do, so their child support obligations are lower. Well, that doesn’t work…
Lawyers and judges are clever enough to calculate your income based on your expenses and your career. So, if you won’t provide an accurate annual income, one will be ‘assigned’ to you. And, you will pay child support based on that amount.
Who pays? Biological parents or step-parents?
So, who exactly has to pay? Well, of course, biology is the big thing. If you’re a biological parent, then you’re going to owe child support.
But, what about former step-parents? Answer: a former step-parent is likely responsible for child support if he/she supported the child for at least one year and if the parent starts a lawsuit (against the step-parent) within one year of the support being last provided.
How long do you pay child support?
And, how long does someone have to pay child support? Answer: child support is payable for as long as the child is 18 years old or younger or is dependent on the parents. A child can be dependent on their parents if they are attending full-time university or if they have a medical condition (that prevents them from being self-supporting).
And, also know that dying won’t necessarily relieve you from paying child support. If a non-custodial parent passes away, then child support may continue to be paid from the person’s estate.
General tip
As a last general tip, try your best to resolve child support disputes, as well as other family law disputes, outside of court. You’ll likely save a lot of money and a lot of stress. The lawyers at MacLean Law focus on resolving matters to help you move forward. Call us toll free across BC 1-877-602-9900.
