Child support lawyer in Surrey, BC

The Federal Child Support Guidelines set a table amount based on the payor's annual guideline income and the number of children. The table is published and the figure is not negotiable in ordinary cases, which is what makes child support the most predictable number in family law.

Where the children spend more than forty percent of the time with each parent, or where each parent has the primary care of at least one child, a different calculation applies that takes both incomes into account. Those arrangements need care, because a small change in the schedule can change the number significantly.

Guideline income usually starts with line 15000 of the payor's tax return, then adjusts. Employment income is straightforward. Self employment, corporate income, capital gains, dividends, rental income, trust income and non taxable benefits all require adjustment under the Guidelines.

Both parents have an ongoing obligation to disclose income, normally tax returns and notices of assessment each year, plus financial statements where a business is involved. Disclosure is not optional and courts treat a failure to provide it seriously.

Section 19 of the Guidelines lets a court impute income, which means setting an income figure the court considers appropriate rather than accepting the one reported. It applies where a parent is intentionally under employed, where income is diverted through a corporation, where personal expenses run through a business, or where a parent simply will not disclose.

Building an imputation case means gathering the evidence: corporate financial statements, bank records, lifestyle evidence and, where the money is significant, an accounting analysis. It is more work than a table lookup, and in the right file it changes the support figure substantially.

Section 7 expenses sit on top of the table amount. They cover childcare needed for a parent to work, medical and dental premiums and uninsured health costs, extraordinary school expenses, post secondary costs, and extraordinary extracurricular activities.

They are shared in proportion to the parents' incomes, after deducting any subsidy or tax benefit. The recurring arguments are whether an expense is necessary and reasonable, and whether an activity is extraordinary or simply expensive.

Support is normally paid while a child is under nineteen. It continues past that age where the child remains dependent because of illness, disability or another cause, and post secondary education is a recognised cause.

Support for an adult child in university is often calculated differently from the straight table amount, taking into account the child's own resources, student loans, and whether the child lives at home during the school year.

Child support follows income. When the payor's income changes materially, the amount should change with it, which is why annual exchange of tax returns belongs in every agreement and order.

A change in parenting time can also change support, particularly if the arrangement crosses the forty percent threshold. If your circumstances have shifted, deal with it promptly. Arrears accumulate at the old rate until the order or agreement is changed.

How we can help

• 01 Calculating guideline income and the correct table amount, including for self employed and incorporated payors
• 02 Agreements and orders for child support, including special and extraordinary expenses
• 03 Applications to impute income where disclosure is incomplete or income is understated
• 04 Reviews and variations when income or the parenting schedule changes
• 05 Retroactive claims for periods when support was underpaid
• 06 Enforcement of arrears, including work with the BC Family Maintenance Agency

The path a matter takes

Every file is different, but the shape is usually the same. Timings are typical, not promised.

Frequently asked questions