Child support is a crucial aspect of family law in Canada. Both parents are responsible for providing for their child’s financial needs, even if separated or divorced. However, there are situations where the standard child support guidelines may not apply.
In such cases, exceptions can be made to determine the appropriate amount of child support payments. This article will discuss the factors that determine exceptions for child support payments in Canada.
Applicable Laws and Guidelines
The Federal Child Support Guidelines (FCSG) are Canada’s primary law for child support payments. These guidelines outline the basic amount of child support payments based on the paying parent’s income and the number of children.
However, there are situations where the standard guidelines may not apply. In such cases, the court may make exceptions to determine the appropriate amount of child support payments.
Factors That Determine Exceptions
The court considers various factors when determining exceptions for child support payments. These factors include:
1. Income of the Paying Parent
If the paying parent has a low income, the court may reduce the amount of child support payments. This is because the paying parent may need more money to cover their living expenses and the child support payments.
2. Financial Hardship
If the paying parent is experiencing financial hardship, the court may reduce the amount of child support payments. Financial hardship can arise due to job loss, illness, or other unforeseen circumstances.
3. Special Needs of the Child
If the child has special needs that require additional financial support, the court may increase the amount of child support payments. Special needs can include medical expenses, therapy, or education.
4. Shared Custody
If the child spends significant time with both parents, the court may adjust the amount of child support payments. In such cases, the paying parent may be required to pay less child support.
5. Non-Recurring Expenses
If the child has non-recurring expenses, such as a school trip or a music lesson, the court may require the paying parent to pay a portion. This is in addition to the regular child support payments.
6. Undue Hardship
The court may make an exception if the standard child support guidelines would cause undue hardship to the paying parent. Undue hardship can arise if the paying parent has other financial obligations, such as supporting other children or paying off debt.
Determining child support payments is an important aspect of family law in Canada. While the Federal Child Support Guidelines provide a basic framework for calculating child support payments, there are situations where exceptions may apply.
The court considers various factors when determining exceptions. These include the paying parent’s income, financial hardship, special needs of the child, shared custody, non-recurring expenses, and undue hardship. It’s important to seek legal advice if you have questions about child support payments or believe an exception should be made in your case.
If you’re in the Fraser Valley area and need legal assistance with child custody arrangements, don’t hesitate to contact Dreyer and Associates. Our experienced child custody lawyers can help you navigate the legal system and protect your child’s best interests. Call us today to schedule a consultation and learn more about how we can assist you.