As family lawyers, we sometimes encounter questions about the impact of bankruptcy on child support, spousal support, and cost awards in family law matters.
The family lawyers from Crossroads Law located in Vancouver BC and Calgary AB have a client centred approach to help you successfully navigate the family law system. Our experienced family and divorce lawyers author these blogs to provide you insight and to help you through this challenging time.
Publications Categorized "Child Support"
In many ways, the Federal Child Support Guidelines have simplified the determination of monthly child support payments and the proportion of extraordinary expenses each parent is responsible for paying.
If you and your ex-partner are having disagreements over the parenting arrangements for your child, or if you feel the current arrangements are simply not working, one party may end up making an application to the court to appoint a lawyer (or “counsel”) for the child so that their views are taken seriously.
Child support ends when a child reaches the age of majority (which is 19 years old in British Columbia). This is the case unless the child, in the words of section 2 of the Divorce Act, is unable to withdraw from the care of their parents or obtain the necessaries of life.
In Alberta, child support is calculated using the Federal Child Support Guidelines. Under these guidelines, a parent's income may be imputed (or assigned) if they are not working or are working below their full earning capacity.
Many people are making a career change these days and you or your former spouse may decide to take a new job that leads to a significant decrease in income. How does this lower paying job affect child support payments?
There are two main categories of child support in Canada under the Federal Child Support Guidelines.
At Crossroads Law, we often receive inquiries from parents owed child support and wanting help to ensure child support is paid. Generally, the first step is to register the Court Order with the Maintenance Enforcement Program (“MEP”).
Supervised parenting time can be considered one step away from a complete termination of access. It is not meant to be a permanent solution, and is only necessary in exceptional circumstances where a child’s physical or emotional safety are at risk with a parent.
Retroactive support issues are often reported by our clients. Here we look at the list of factors taken into consideration by the Supreme Court of Canada and how you can strengthen your claim for retroactive support.
FMEP can be a valuable ally in securing your support. If there are concerns about future payments, or there are ongoing instances of not being paid, not being paid the right amount, or not being paid on time, the FMEP can help remedy the situation. They also retain the option of going to court if necessary.
Child support is the right of the child, not the spouse who receives it. Prospectively paid month-to-month, and based on the Federal Child Support Guidelines correlated to the spouse’s income – typically Line 15000 of their tax return (formally, Line 150) – child support in most cases involves payment on the 1st of each month.
The Alberta Child Support Recalculation Program assists eligible parents who decide to use to the Program to recalculate their child support each year.
Sometimes child support is either not paid or underpaid and as a result arrears are owing that can be claimed in court or enforced by Maintenance Enforcement.
So you have been to court, you got a court order and your ex-spouse still refuses to pay child support or spousal support. What can be done?
Child support is the regular payment that is made by one parent to another to support a child after separation or divorce.
These unprecedented times have many parents wondering about their ongoing child support obligations or entitlements in light of mass layoffs, decreased earnings, and lost childcare options.
A judge has taken the unusual step of granting a father permission to have his two young sons get routine vaccinations after the mother refused consent.
Most people who are getting separated or divorced are dealing with family law issues for the first time. It can be a confusing and daunting task to navigate the family law court registry.
Child support and spousal support are often awarded in family law proceedings. However, it is common for these amounts not to be paid as ordered by the court after separation or divorce.