Parents have a legal responsibility under the law to support their children financially. Even if the relationship between the parents has ended or even if one parent or guardian doesn’t see or take care of the children, the parent’s financial responsibility does not end.
Usually, child support payments are made by the parent who is spending the least amount of time with the child to the parent whom the child primarily lives with. If both parents spend an equal amount of time with the child, the parent who makes more money may be required to pay child support to the other parent in order to help support the children. The person who pays child support is called the payor, while the parent receiving the money is called the recipient.
The amount of child support that is required to be paid is based on the Federal Child support guidelines which factor in the parties’ ages, the number and age of the child(ren) and the parties’ annual incomes. A combination of other factors such as the children’s general living conditions prior to the separation and whether the children will live in sole custody or shared custody arrangements will also be considered when determining the amount of child support that is payable.
Children have a legal right to child support. The parent or guardian living with the child for most of the time is entitled to receive payments from the other parent or guardian. However, child support payments do not affect a person’s court-ordered or agreed to parent time or contact with their kids. If the payor falls behind on paying child support or does not pay child support, the other parent cannot prevent them from seeing the children because of that. However, this can have other adverse consequences.
Child support in BC is available under the Divorce Act and the Family Law Act. Claims under both Acts can be brought in the Supreme Court. However, the court can only grant the child support order under one of the Acts. In the Provincial Court, child support may only be claimed under the Family Law Act.
Child support matters can become complicated. If you or the other parent cannot come to an agreement on who the child(ren) will primarily reside with, who should pay child support and the appropriate amount, it may be best to consult a child support lawyer. Experienced child support lawyers at Nirwan Law Corporation can help you negotiate and work out reasonable child support payments with the other parent to ensure all the needs of the child are met. In the case that the other parent is unwilling to negotiate, we are well-equipped to present your case in court.