Best Child Support Lawyers in Abbotsford

About Child Support Law in Abbotsford, Canada

Child support is the legal obligation of a parent to provide financial support for their child after separation or divorce. In Abbotsford, child support matters are governed by federal laws such as the Divorce Act and the Federal Child Support Guidelines, as well as provincial legislation like the Family Law Act of British Columbia. The primary aim of these laws is to ensure that children continue to receive the financial support they need for their well-being regardless of their parents' relationship status. Both parents are typically expected to contribute to the costs associated with raising their children.

Why You May Need a Lawyer

Many people believe child support is straightforward, but various complications can arise that require legal assistance, such as:

• Disputes about the amount of child support to be paid
• Concerns about a parent's ability to pay or accurate disclosure of income
• Changes in financial circumstances that require existing orders to be modified
• Complex arrangements involving self-employment, multiple children, or blended families
• Challenges related to enforcement if a parent fails to pay
• Questions about special expenses, such as childcare or medical costs
• Requests for retroactive child support

Local Laws Overview

In Abbotsford, child support is primarily calculated based on the Federal Child Support Guidelines, which provide a table amount according to the paying parent's income and the number of children. The provincial Family Law Act also applies, covering situations not addressed by the federal rules, especially for parents who were never married. Key aspects include:

• Both parents must contribute financially according to their means
• Support is generally paid until a child reaches the age of majority, but may continue if the child is still dependent, for example, due to education or disability
• Special or extraordinary expenses (known as section 7 expenses), such as daycare, health care, or extracurricular activities, may be shared in addition to base child support
• Enforcement of child support orders is handled by the British Columbia Family Maintenance Enforcement Program
• Existing child support orders can be varied if there are significant changes in the circumstances of either parent or the child

Frequently Asked Questions

What is child support and who is responsible for paying it?

Child support is money paid by one parent to the other to help cover the costs of raising their children. Generally, the parent who spends less time with the child pays support to the parent with whom the child primarily lives.

How is the amount of child support determined?

The basic amount is calculated using the Federal Child Support Guidelines, which take into account the paying parent's gross annual income and the number of children requiring support.

What if the paying parent's income changes?

If there is a significant change in income or circumstances, either parent can apply to the court to have the amount of child support recalculated to reflect the new situation.

Can child support cover extra expenses?

Yes, in addition to the basic support amount, parents may be required to share the costs of special or extraordinary expenses, such as childcare, medical costs, or extracurricular activities.

How long does child support need to be paid?

Child support usually continues until the child turns 19, which is the age of majority in British Columbia, but it may continue longer if the child is still dependent due to education, illness, or disability.

What happens if the other parent refuses to pay child support?

The Family Maintenance Enforcement Program (FMEP) in BC can help enforce child support orders by collecting payments directly from the paying parent, intercepting wages, or taking other enforcement measures.

Do I need to go to court to get child support?

Not always. Parents can come to an agreement on child support themselves, but a formal court order or written agreement is recommended for enforcement purposes. If parents cannot agree, the court can decide.

Can child support agreements be changed?

Yes, if circumstances change significantly, such as changes in income or parenting arrangements, either parent can seek to have child support agreements or orders varied by the court.

Does remarriage or new relationships affect child support?

Generally, remarriage does not affect the obligation to pay child support. The legal responsibility to support a child remains with their biological or adoptive parents.

Is child support considered taxable income?

No, child support payments are not considered income for the receiving parent and are not tax deductible for the paying parent under current Canadian tax law.

Additional Resources

If you need more information or assistance, the following resources may be helpful:

• Family Justice Services Division of British Columbia
• Family Maintenance Enforcement Program (FMEP)
• Legal Aid BC
• Abbotsford Court Registry
• Legal clinics and community legal advocacy societies in the Abbotsford area

Next Steps

If you believe you need legal assistance with a child support matter in Abbotsford, it is important to:

• Gather any financial documents and information relating to your income, assets, and existing arrangements
• Document any agreements or communications with the other parent
• Reach out to a family law lawyer or legal aid service for an initial consultation
• Consider mediation services if you and the other parent are willing to negotiate
• If needed, prepare to apply to the court for a child support order or variation