Parents have a bound responsibility to their children. That means they are legally obligated to provide financial support. This is enforceable even if one parent does not see or care for the children.
Parents who are denied court-ordered parenting time can seek proper remedies through family lawyers, but an unhappy parent cannot penalize the kid by withholding support.
Hire a lawyer who assures your children have the right to maintain special contact with both parents after separation. After a divorce, your child may suffer the consequences of not having two caring and committed parents.
Therefore, hiring a lawyer who helps your child have maximum contact with both parents will help alleviate this unfortunate circumstance. This includes child support. There are myths circulating about child support that need to be corrected.
Below are three of the most common misconceptions about child support being cleared up and explained.
Child Support Does Not End When the Child Reaches the Age of 19
This is by far the most common child support myth. Many people believe that child support ends when a child reaches the age of majority. For instance, children in B.C. achieve the age of majority at the age of 19, but child support does not end when a child reaches this age.
Section 2(1) of the Divorce Act stipulates that if the child reaches 19, child support payments should be continued if the child is someone of legal age or older and under their charge but unable to withdraw from their charge or receive the necessities of life due to disease, infirmity, or other cause.
If the child is enrolled in a post-secondary institution, child support payments may continue. When assessing whether post-secondary education is a valid reason for continuous support, the court evaluates whether the child’s educational pursuits are reasonable and if it is suitable for the parents to finance the child’s education.
The Payor Doesn’t Dodge Child Support Responsibilities When Income Is Reduced
There are frequent situations where a payor parent has accidentally become underemployed or unemployed in order to minimize or discontinue child support payments.
These payors may not realize that under sections 16 to 22 of the Federal Child Support Guidelines, it is possible to attribute income to them.
Furthermore, declaring bankruptcy does not eliminate child support obligations. Rather, it allows a payor to pay additional child support after all other debts have been discharged.
When evaluating whether a party is purposefully unemployed or underemployed, the court must consider whether the party took reasonable steps to find work that was appropriate for their age, health, education, skill, and work history.
Take note that calculating child support is far more difficult than utilizing an online calculator. Make sure you don’t make a costly error.
The Amount for Child Support May Increase if the Payor’s Income Rises
It’s a frequent misunderstanding that it’s set in stone once a child support amount is determined. However, the Federal Child Support Guidelines spell out the factors that must be taken into account while calculating child support.
If a payor’s income rises, there’s a good chance the recipient may see an increase in child support. It is critical to communicate current financial disclosure on a regular basis in order to determine the same. Children have a right to child support that is paid on time and is properly adjusted.
Parents can get information about the Child Support Guidelines from family justice counsellors in Family Justice Centers or family law offices around British Columbia.
They may be able to assist in the negotiation of parenting and support agreements. They can also show you how to get or alter support orders in Family Court if the parents can’t agree.
If you need legal counsel for child support, Dreyer and Associates Lawyers LLP got your back. We provide a diverse array of experience across family law, wills and estates, and residential conveyancing. Contact us today to set up an appointment with one of our lawyers.