Best Child Support Lawyers in Kimberley

About Child Support Law in Kimberley, Canada

Child support law in Kimberley, British Columbia, Canada, is designed to ensure that children receive financial support from both parents after separation or divorce. The primary goal is to provide children with the same level of financial care they would have received if their family remained together. Child support arrangements are governed by both federal and provincial laws, including the Federal Child Support Guidelines and the Family Law Act of British Columbia. These rules establish how much support a parent should pay and are intended to protect the children’s best interests.

Why You May Need a Lawyer

While some child support cases can be resolved amicably between parents, there are many situations where legal advice is highly beneficial. You may need a lawyer if:

• There is a dispute about the amount of child support owed.
• One parent is refusing to pay child support.
• Your income or your ex-partner’s financial circumstances have changed significantly.
• You need to establish, vary, or enforce a child support order.
• Your case is complex, for example, involving self-employed income, extraordinary child expenses, or out-of-province payments.
• You are unsure about the legal process or your rights and obligations regarding child support.

Local Laws Overview

Child support in Kimberley is influenced by both federal law (for married parents seeking divorce) and British Columbia’s Family Law Act (applicable to unmarried or common-law parents). Key aspects of local child support laws include:

• Federal Child Support Guidelines: These set out how much child support is paid, based primarily on the paying parent's income and the number of children.
• Shared or Split Custody: If children spend at least 40% of the time with each parent, or siblings live separately, different calculations may affect the support amount.
• Special or Extraordinary Expenses: Parents may be required to share additional costs such as childcare, medical expenses, education, or extracurricular activities.
• Enforcement: The British Columbia Family Maintenance Enforcement Program (FMEP) helps parents collect and enforce support orders if payments are not made.
• Review and Variation: Child support arrangements can be reviewed or adjusted if circumstances change significantly, such as income change or a different parenting arrangement.

Frequently Asked Questions

What is child support?

Child support is a regular payment made by one parent to the other to assist with the costs of raising their children after separation or divorce.

Who is required to pay child support?

Generally, the parent who spends less time with the child (the non-custodial parent) is required to pay child support, based on their income and the number of children.

How is the amount of child support determined?

The amount is calculated using the Federal Child Support Guidelines, which consider the paying parent’s income and the number of children. Additional expenses may also be factored in.

Can child support arrangements be changed?

Yes, child support can be reviewed and changed if there is a significant change in circumstances, such as a change in income, employment status, or parenting arrangement.

What happens if a parent does not pay child support?

The Family Maintenance Enforcement Program (FMEP) can help enforce payments. This may involve garnishing wages, seizing assets, or suspending licenses.

Is child support taxable or tax-deductible?

Child support payments are not considered taxable income for the recipient, nor are they tax-deductible for the payer in Canada.

Does child support cover all child-related expenses?

Basic child support intends to cover daily child-related expenses, but 'special or extraordinary expenses' (e.g., medical, educational) may require additional contributions from both parents.

Do both parents have to disclose their incomes?

Yes, both parents may need to provide financial information to ensure accurate calculation of child support, especially in cases of shared custody or special expenses.

How long does child support have to be paid?

Child support is typically paid until the child turns 19 in BC, but it may continue longer if the child is dependent due to illness, disability, or full-time education.

What if one parent lives outside British Columbia?

Child support orders can still be enforced across provinces and many international agreements exist to help enforce payments if a parent lives outside BC or Canada.

Additional Resources

If you need more information or assistance with child support issues in Kimberley, consider contacting or consulting the following resources:

• Family Maintenance Enforcement Program (FMEP): Helps enforce and collect child support payments.
• Legal Aid BC: May provide legal advice and representation for eligible individuals.
• BC Family Justice Services: Offers information, mediation, and guidance on family law matters.
• BC Provincial Court - Family Court Division: Handles family law matters including child support.
• Lawyer Referral Service: Connects you with local lawyers for initial consultations at a reduced rate.

Next Steps

If you need legal assistance regarding child support in Kimberley:

1. Collect all relevant documents, such as income statements, tax returns, existing agreements, and court orders.
2. Contact a family law lawyer or legal aid service for a consultation.
3. Prepare a list of questions or concerns to discuss with your legal representative.
4. Consider possible dispute resolution options, such as mediation, before resorting to court.
5. If you need enforcement or help collecting payments, reach out to the Family Maintenance Enforcement Program (FMEP).
6. Stay informed about your ongoing rights and responsibilities, as circumstances can change over time.