Family Lawyer Surrey | How Does The Court Decide How Much Child Support I Have To Pay?
The court decides how much child support you have to pay by looking at many factors. Some of these factors include how much money each parent makes, how much money the child needs, and who pays for what expenses related to the child.
The court uses a formula to determine the amount of child support you have to pay. This formula is based on the Canadian Child Support Guidelines. The Guidelines provide for an expected minimum level of financial support for children living apart from their parents.
In addition to calculating basic child support, courts may also look at other types of payments that may be necessary for the child. These might include special expenses, such as medical and dental costs, daycare expenses, or extracurricular activities. If either parent is paying for these kinds of expenses, the court will take this into account when calculating the amount of child support you have to pay.
The court also considers other factors that might affect the amount of child support you have to pay. This includes your income, any other dependents you might have, and any special needs your child may have. In some cases, courts will also consider whether the parents are paying each other spousal support or if they are sharing custody of the child.
It’s important to remember that the court will always base its decision on what is best for the child. Even if you and your former partner don’t agree on how much child support should be paid, the court will take all of these factors into consideration and try to make a reasonable decision.
The Divorce Act and the Federal Child Support Guidelines (Federal Guidelines) change as of March 1, 2021
As of March 1, 2021, the Federal Child Support Guidelines (FCSG) will be replaced by the National Child Support Guidelines (NCSG). The FCSG is a set of rules that help courts determine how much child support one parent must pay to the other. The NCSG is a set of national guidelines, which means that they will apply in all provinces and territories in Canada.
The main difference between the FCSG and the NCSG is that the NCSG will take into account both parents’ incomes. This means that the amount of child support you have to pay may change if your income changes. The NCSG will also take into account other factors, such as the number of children you have, your expenses, and whether you are paying for any special needs your children may have.
The Canadian government is committed to making sure that children receive the financial support they need. With the introduction of the NCSG, parents will be able to better ensure that their children’s needs are taken into account when determining how much child support should be paid.
When Do You Start Making Payments?
The court may order that you start making payments as soon as the child support order is made, or it may order that you make a lump sum payment at the beginning of the order. In some cases, the court may also order that you make payments on a monthly or yearly basis.
The court may also order that you pay arrears, which are payments that have not been made yet. The court will decide how much arrears are to be paid and when those payments need to be made.
It’s important to remember that it is your responsibility to make sure that all child support payments are being made on time and in full. The court can take action if you don’t make the required payments, including garnishing your wages or putting a lien on your property.
Can You Be Required To Pay More Than You Earned?
Yes, a parent can be required to pay more than they earn. If there is a significant change in a parent’s income, the court may order that they pay a different amount of child support. The National Child Support Guidelines will take both parents’ incomes into account when calculating child support payments. This means that the amount of child support you have to pay may change if your income changes.
In addition, the court may take other factors into account when calculating how much child support should be paid. This includes special expenses for extracurricular activities, medical needs, and any other expenses that your children have.
It is important to remember that the amount of child support you are responsible for paying is determined by the court. If you do not agree with the amount being requested, you can ask the court to review your case.
Conclusion
Child support is an important part of ensuring that children receive financial support from both parents. In Canada, the National Child Support Guidelines are used to determine how much child support one parent must pay to the other. The NCSG takes into account both parents’ incomes, as well as any special expenses for the children. It is important to remember that it is your responsibility to make sure that all child support payments are being made on time and in full. If you do not agree with the amount of child support the court has ordered, you can ask for a review.
How Long Will My Child Support Payments Last?
You will have to pay child support until the child is either 18 years old or graduates from high school, whichever comes later. In some cases, the court may order that you continue to pay child support even after your child has reached the age of majority.
The court will also decide on how long any arrears payments must be made. Depending on the circumstances, this could be for a specific period of time or until the amount is paid in full.
It is important to remember that the court will always look out for the best interests of the child when determining how much child support needs to be paid and for how long.
What Happens After A Child Turns 18?
When a child turns 18, they are no longer legally required to receive child support payments. However, the court may order that payments continue if it is determined that the child still needs financial support. In some cases, the parent receiving child support may also be required to pay taxes on the money received.
If there are any changes to your income or if the child’s expenses change, it is important to let the court know. The court may then decide whether or not to adjust the amount of child support payments.
It is important for both parents to be aware of their obligations when it comes to paying and receiving child support. It is also important to make sure that any payments are made on time and in full. This will help ensure that the child’s needs are being met and that both parents are fulfilling their legal obligations.
If you are looking for more information about how the court decides contact us today. We are here to help you understand your rights and responsibilities when it comes to child support in Canada.
If you have any questions or would like more information on how the court decides the amount of child support, please call us at (604) 575-1333. Our experienced team can answer any questions you may have and provide guidance on how to proceed.