Best Child Support Lawyers in Delta

About Child Support Law in Delta, Canada

Child support in Delta, British Columbia, is governed by both federal and provincial laws designed to ensure that children receive financial support from their parents after separation or divorce. The guiding principle is that every child has the right to benefit from the financial means of both parents, regardless of the living arrangements or relationship status of the parents. Child support helps cover basic living expenses such as food, clothing, and shelter, as well as special or extraordinary expenses like medical care and education.

Why You May Need a Lawyer

Many people seek legal help with child support in Delta for various reasons. You may need a lawyer if you are:

• Unsure how much child support you are entitled to receive or are required to pay
• Experiencing difficulty in collecting or paying child support
• Looking to modify an existing child support arrangement due to changed circumstances (job loss, new partner, etc.)
• In disagreement with the other parent about what expenses should be covered or how much should be paid
• Facing enforcement actions or accusations of non-payment
• Needing to establish child support as part of a separation, divorce, or parenting plan
• Encountering cross-border or interprovincial issues if one parent lives outside British Columbia

A lawyer can help ensure the proper calculation of support, represent you in court, assist with negotiations, and provide guidance on your rights and obligations.

Local Laws Overview

Child support in Delta is primarily based on the Federal Child Support Guidelines, which are used throughout Canada to ensure consistency and fairness in calculating payments. In British Columbia, the Family Law Act and the Divorce Act (for married couples) set out the legal framework for child support. Key aspects include:

• Child Support Guidelines: Payments are generally calculated according to the payor’s income and the number of children, based on federal tables.
• Who Pays: Generally, the parent who spends less time with the child pays support to the primary caregiver.
• Special/Extraordinary Expenses: In addition to base support, parents may share certain additional expenses, such as child care, health care, and education.
• Enforcement: The Family Maintenance Enforcement Program (FMEP) can help ensure support payments are made, including garnishing wages if necessary.
• Modification: Child support arrangements can be changed if there is a significant change in circumstances, such as a major change in income or needs of the child.
• Duration: Support is typically paid as long as the child is under 19, or older if they are still dependent due to education or disability.

Frequently Asked Questions

What is child support and who is entitled to receive it?

Child support is the financial contribution paid by one parent to another to help cover the living expenses of their child(ren) after separation or divorce. Usually, the parent with whom the child lives most of the time receives child support from the other parent.

How is child support calculated in Delta, BC?

Child support is calculated using the Federal Child Support Guidelines, which consider the paying parent's gross annual income and the number of children requiring support. Other factors, such as special expenses, may also affect the final amount.

What if one parent refuses to pay child support?

If a parent refuses to pay, the Family Maintenance Enforcement Program (FMEP) in British Columbia can assist with the enforcement and collection of child support payments.

Can child support arrangements be changed?

Yes. You can apply to change a child support order if there has been a significant change in circumstances, such as income change, job loss, or change in the child’s living arrangements.

Do I need a court order for child support?

While parents can agree on child support informally, a court order or a written agreement is strongly recommended for enforcement and legal clarity.

How long do I have to pay child support?

Support is typically required until the child turns 19, but may continue if the child remains dependent due to full-time education, illness, or disability.

Are both parents responsible for special or extraordinary expenses?

Yes. Both parents typically share certain special or extraordinary expenses for the child, such as child care costs, healthcare, education, and extracurricular activities, in proportion to their incomes.

Do support payments cover everything the child needs?

Base child support is meant to cover day-to-day living expenses. Additional, special, or extraordinary expenses are handled separately and may require separate agreements or orders.

What if the paying parent lives in another province or country?

Child support orders and agreements made in BC can be enforced in other provinces or countries if they have a reciprocal agreement. The FMEP can assist with international and interprovincial enforcement.

Can grandparents or other relatives be ordered to pay child support?

In most cases, only biological or adoptive parents are legally required to pay child support. Rare exceptions may apply in cases of guardianship or stepparent roles, depending on the specific circumstances and legal findings.

Additional Resources

If you need more information or help with child support in Delta, the following resources may be helpful:

• Family Maintenance Enforcement Program (FMEP): Provides enforcement services for court-ordered child support.
• Legal Aid BC: Offers free legal information and, for those who qualify, free or low-cost legal representation.
• Family Justice Centres: Located nearby in Surrey and Burnaby, these centres provide services, mediation, and help with family law matters.
• Justice BC – Family Law: An online resource for comprehensive information on family law in BC, including child support calculators and forms.
• Delta Community Legal Advice Society: Provides legal information and referrals to residents of Delta.

Next Steps

If you need legal assistance with a child support issue in Delta, consider these steps:

1. Gather all relevant documents, such as income information, court orders, and parenting agreements.
2. Contact a local family law lawyer or visit a Family Justice Centre for guidance.
3. Determine if you qualify for Legal Aid, especially if you have limited financial resources.
4. Consult with a lawyer to discuss your situation, rights, and obligations regarding child support.
5. If necessary, file an application with the court to establish, change, or enforce a child support order.
6. Keep thorough records of all payments, communications, and legal proceedings.

Seeking legal advice early can help you navigate the child support process in Delta more effectively and ensure that your child’s needs are met in accordance with the law.