Best Child Support Lawyers in Coquitlam

About Child Support Law in Coquitlam, Canada

Child support is a legal obligation wherein one parent provides financial assistance to help cover the expenses of raising a child after a separation or divorce. In Coquitlam, as part of British Columbia, child support laws are designed to ensure that children receive adequate financial support from both parents, regardless of the parents’ relationship status. Child support is primarily governed by the federal Divorce Act and the provincial Family Law Act. These laws consider the best interests of the child paramount, aiming to maintain a standard of living for the child similar to what would have existed if the family had remained together.

Why You May Need a Lawyer

While some child support matters can be resolved amicably between parents, there are situations where legal assistance is necessary. A lawyer specializing in child support can help in the following scenarios:

• Disagreements over the amount of child support to be paid
• Complex situations involving self-employed parents or irregular income
• Efforts to modify existing child support arrangements
• Concerns about non-payment or enforcement of support orders
• Determining child support when one or both parents live outside British Columbia or Canada
• Understanding rights and obligations under the law for both payors and recipients
• Clarifying child support for children with special needs or extended education

A lawyer can ensure your rights and interests are protected, that calculations are correct, and that your child receives appropriate financial support.

Local Laws Overview

Child support in Coquitlam is subject to both federal and provincial laws. The primary statutes guiding these matters are the federal Divorce Act (for married parents divorcing) and the British Columbia Family Law Act (for unmarried parents or those separating without divorce). Key aspects include:

• Support is typically based on the Federal Child Support Guidelines, which consider the payor’s income and the number of children.
• Support is generally intended to cover everyday expenses such as food, housing, and clothing. Special or extraordinary expenses, like medical costs or post-secondary education, may require additional contributions from both parents.
• Both parents are legally obligated to financially support their children, regardless of living arrangements or relationship status.
• Child support is determined with the child’s best interests as the primary concern.
• There are strict rules and processes for enforcement through the provincial Family Maintenance Enforcement Program (FMEP).
• Child support arrangements may be reviewed and adjusted if there is a significant change in either parent’s circumstances.

Frequently Asked Questions

What factors determine the amount of child support in Coquitlam?

The amount of child support is primarily determined by the payor’s annual income, the number of children needing support, and the Child Support Guidelines. The court may also consider special or extraordinary expenses.

Is child support mandatory, or can parents opt out?

Child support is a legal obligation in British Columbia. Parents cannot simply opt out of paying support, as the law prioritizes the child’s right to financial support.

Can child support amounts be changed over time?

Yes, child support payments can be reviewed and adjusted if there is a significant change in circumstances, such as a change in income, change in custody arrangements, or unexpected expenses.

What happens if a parent does not pay child support?

If a parent fails to pay child support, the Family Maintenance Enforcement Program can take steps such as garnishing wages, intercepting federal payments, placing liens on property, or suspending driver’s licenses to enforce payment.

Are both parents responsible for child support?

Yes, both parents are responsible for financially supporting their children. The parent with whom the child does not live most of the time is typically required to pay support to the other parent.

How is child support handled for shared or split custody?

In shared or split custody arrangements, both parents may be required to pay support. The amount is generally determined by calculating the support obligations for each parent and setting off the amounts against each other.

Does child support cover all expenses?

Regular child support is meant to cover basic living expenses. Special or extraordinary expenses, like medical costs, daycare, or post-secondary education, may be split separately between parents.

When does child support end?

Child support typically continues until the child turns 19, but can be extended if the child is enrolled in post-secondary education, is dependent due to illness or disability, or other similar reasons.

Can step-parents be required to pay child support?

In some cases, a step-parent may be required to pay child support if they have acted as a parent to the child and it is in the child’s best interests, but this is a complex area of law and often requires legal advice.

Do I need a court order for child support?

While parents can agree informally, it is strongly recommended to have a court order or legally binding agreement to ensure enforceability and provide clarity in the event of disputes.

Additional Resources

If you need more information or assistance, consider the following resources related to child support in Coquitlam:

• Family Maintenance Enforcement Program (FMEP) - A provincial program that helps enforce and collect child support payments
• British Columbia Family Justice Centres - Provide free information and referral services related to family law issues
• Legal Aid BC - Offers free or lower-cost legal services for individuals who qualify
• Access Pro Bono BC - Provides free legal advice clinics for family law matters
• Department of Justice Canada - Child support guidelines and informational resources

Next Steps

If you are facing issues related to child support in Coquitlam, consider the following steps:

• Gather all relevant financial information and any existing agreements or court orders
• Consult a local family law lawyer for advice on your rights and obligations
• Contact the Family Maintenance Enforcement Program if you are experiencing problems with payment or enforcement
• Visit a Family Justice Centre or consider mediation if you and the other parent wish to resolve the matter amicably
• If necessary, apply to the courts to formally establish or modify a child support order

Getting professional legal advice ensures you understand your responsibilities and protects the interests of your child. Do not hesitate to seek help early to avoid potentially complex and stressful disputes in the future.