Best Child Support Lawyers in New Westminster

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LMN Law Group
New Westminster, Canada

English
LMN Law Group is a boutique law firm situated in New Westminster, British Columbia, specializing in wills and estates, real estate law, business law, and uncontested family law. The firm is dedicated to addressing the diverse needs of its clients through meticulous preparation, attention to detail,...
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About Child Support Law in New Westminster, Canada

Child support is a legal obligation for parents to provide financial assistance for their children following a separation or divorce. In New Westminster, located in British Columbia, child support is governed by both federal and provincial laws, including the Federal Child Support Guidelines and the British Columbia Family Law Act. The primary goal of these laws is to ensure that children receive the financial support they need, regardless of the parents’ relationship status. Usually, the parent who does not primarily reside with the child is responsible for making child support payments to the parent who has the child in their care most of the time.

Why You May Need a Lawyer

While child support can sometimes be straightforward, there are many situations where people benefit from legal advice or representation. You may need a lawyer if:

  • You and your co-parent disagree on the amount of child support that should be paid.
  • You are unsure how to calculate child support under the Federal or Provincial Guidelines.
  • Your financial situation or that of the other parent has changed, and you need to modify child support payments.
  • There are concerns about non-payment or enforcement of support orders.
  • Your child has special or extraordinary expenses (for example, medical care, daycare, or educational costs) that need to be addressed in addition to standard child support.
  • The paternity of the child is in question, or there are issues regarding parental rights.
  • You have questions about retroactive child support or unpaid support from previous years.

Legal advice can help you understand your rights and obligations and can be especially important if your situation is complicated or contentious.

Local Laws Overview

In New Westminster, child support is determined using federal and provincial guidelines. These laws are designed to provide clear rules for calculating support based on the income of the paying parent, the number of children, and the custody arrangement.

Key aspects of the law include:

  • Federal Child Support Guidelines: Used for married and common-law couples who are or were legally married. Sets out tables for monthly payments, primarily based on the payer’s annual gross income and number of children.
  • British Columbia Family Law Act: Applies to parents who were never married. The Act mirrors federal guidelines but includes specific provisions for the province.
  • Special or Extraordinary Expenses: Also known as Section 7 expenses, these are additional costs not covered by the basic support amount, such as childcare, health care, extracurricular activities, and post-secondary education.
  • Enforcement: The Family Maintenance Enforcement Program (FMEP) in BC helps ensure that child support payments are made as ordered.
  • Modifications: Child support can be adjusted if there is a significant change in circumstances, such as a change in income or custody arrangements.

Frequently Asked Questions

What is child support?

Child support is the financial contribution that one parent makes to the other for the support, care, and upbringing of their children after separation or divorce.

How is child support calculated in New Westminster?

Child support is usually calculated using the Federal Child Support Guidelines, which consider the payer’s income and the number of children. Special circumstances may require different calculations.

Do I need a court order to get child support?

While a court order is not strictly necessary, it is strongly recommended. Agreements reached outside of court can be difficult to enforce without a formal order.

Can child support be changed after it’s been set?

Yes, child support can be changed if there is a significant change in circumstances, such as a change in income or living arrangements. Either parent can apply to the court to vary the order.

What if the other parent refuses to pay child support?

The Family Maintenance Enforcement Program can assist with the enforcement of child support orders or agreements if payments are not being made as required.

What are special or extraordinary expenses?

These are expenses beyond regular child support payments, such as childcare costs, medical expenses, tutoring, and extracurricular activities, which can be shared between parents.

Do both parents have to pay child support?

Typically, the parent who does not have primary care of the child pays child support to the other parent. In shared custody arrangements, support may be adjusted to reflect the amount of time each parent spends with the child.

How long does child support last?

Child support usually continues until the child turns 19 years old, but may continue if the child is still dependent, such as being in post-secondary education or due to illness.

What do I do if I don’t know the other parent’s income?

You can request financial disclosure through the courts or with legal assistance. Both parents are legally required to provide accurate income information for child support calculations.

Can child support be arranged without going to court?

Yes, parents can make a written agreement between themselves. However, it is recommended to formalize the agreement with a court order for future enforceability.

Additional Resources

If you’re looking for more information or support regarding child support in New Westminster, consider these local and provincial resources:

  • British Columbia Family Maintenance Enforcement Program (FMEP) - Helps enforce child support orders and agreements.
  • Family Justice Centres - Provides free information and services to families about family law, including child support.
  • Legal Aid BC - Offers legal representation and advice for those who qualify.
  • Access Pro Bono - Connects people in need with volunteer lawyers for free or low-cost advice.
  • Ministry of Attorney General - Provides a wide range of family law information and forms.

Next Steps

If you need legal assistance with child support in New Westminster, start by gathering all relevant documentation, including income information, past child support payments, custody agreements, and any communications with your co-parent. Consider consulting with a lawyer who specializes in family law to get personalized advice for your situation. You can contact local family law firms, utilize the resources provided above, or visit a Family Justice Centre for initial support. Remember, acting promptly can help protect your rights and ensure the well-being and financial stability of your children.

Lawzana helps you find the best lawyers and law firms in New Westminster through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Child Support, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in New Westminster, Canada - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.