Best Child Support Lawyers in Pitt Meadows

About Child Support Law in Pitt Meadows, Canada

Child support in Pitt Meadows is governed by federal and provincial family law rules. When parents are married and later divorce, the federal Divorce Act applies along with the Federal Child Support Guidelines. For separated parents who were never married, provincial law - the Family Law Act of British Columbia - sets the framework and also incorporates the Federal Child Support Guidelines for calculating routine amounts. The underlying legal principle is that both parents share financial responsibility for their children according to their respective incomes and the childs reasonable needs.

Typical child support amounts are determined from the Federal Child Support Guidelines table based on the payors income and number of children. Courts and parties also address additional costs for special or extraordinary expenses such as childcare, certain medical or dental costs, and education - these are commonly called section 7 expenses. Where an order exists, provincial enforcement systems help collect payment and deal with non-payment.

Why You May Need a Lawyer

Child support matters often involve important financial and parenting rights. You may need a lawyer if you face any of these situations:

- There is a dispute about who is the childs legal parent or paternity needs to be established.

- One parent refuses to pay or has stopped paying an existing order.

- Income is complex - for example self-employment, irregular hours, commissions, benefits, or potential imputed income.

- There are disagreements about sharing special or extraordinary expenses such as childcare, medical care, education or extracurricular costs.

- You need to vary an existing order because of a significant income change, change in parenting time, or other material change in circumstances.

- You face cross-border or interprovincial enforcement issues, or the paying parent lives outside Canada.

- You want to negotiate and draft a separation agreement or consent order so your agreement is clear and enforceable.

A lawyer can explain your rights, calculate guideline amounts, prepare or respond to court applications, negotiate agreements, and represent you in court if necessary.

Local Laws Overview

Key aspects of law relevant to someone in Pitt Meadows include:

- Jurisdiction: Pitt Meadows is in British Columbia and family cases are heard in the BC Provincial Court or the BC Supreme Court depending on whether the family is separated but not divorced or divorced. The Federal Divorce Act also applies to divorcing spouses. Local court registries serving Pitt Meadows are located in the Lower Mainland judicial region.

- Child Support Guidelines: The federal tables provide baseline amounts based on the payors gross annual income and number of children. Those table amounts are presumed appropriate unless there is a reason to deviate.

- Income: Income for child support is generally gross income before tax and includes salary, wages, bonuses, commissions, employment insurance, pensions, some social benefits, and business income for self-employed people. Courts can impute income if a parent is deliberately under-earning.

- Shared or split parenting time: When each parent has comparably high parenting time, the guideline calculation can be adjusted by offsetting table amounts. Outcomes depend on the percentage of time each parent has the child and respective incomes.

- Special or extraordinary expenses: Expenses such as daycare, health-related costs not covered by insurance, and post-secondary expenses can be shared proportionally based on income. These expenses are assessed separately from the guideline table amount.

- Variation and retroactivity: A support order can be varied if there is a material and ongoing change in circumstances. Retroactive changes are possible but often limited by legal principles and the courts will look at fairness and notice.

- Enforcement: The British Columbia Family Maintenance Enforcement Program enforces provincial and many federal support orders and agreements. Available enforcement tools include wage garnishment, interception of federal payments, registering arrears, driver license denial, liens, and, in serious cases, contempt proceedings.

Frequently Asked Questions

Who is required to pay child support?

Any parent who has a legal duty to support their child may be required to pay. That duty exists whether parents were married or not. The amount and duration depend on the childs needs, the payors income, and the living arrangements of the child.

How is the amount of child support calculated?

Most routine child support is based on the Federal Child Support Guidelines table amounts, which use the payors gross annual income and the number of children to set a base payment. Additional shared expenses - sometimes called section 7 expenses - are added proportionally by each parents income. Where parents share custody to a significant degree, the table amounts may be offset under a set-off or shared custody calculation.

What counts as income for child support purposes?

Income usually means annual gross income and includes salary, wages, bonuses, commissions, benefits, pensions, rental or investment income, and self-employment income. For self-employed people the courts will look at business income after reasonable expenses. If a parent appears to be avoiding income - for example by reducing hours or funneling funds through a business - the court can impute income.

How long do I have to pay child support?

Support typically continues until the child reaches the age of majority in British Columbia, which is 19, unless the child becomes independent earlier or the order specifies a different arrangement. Support can continue beyond majority if the child is dependent due to disability or is in full-time post-secondary education and still dependent on parental support.

Can I change an existing child support order or agreement?

Yes, you can apply to vary a child support order if there has been a material change in circumstances - for example a significant income change, change in custody, or new extraordinary expenses. If you have an agreement rather than a court order, variation depends on the terms of that agreement unless it has been made an order of the court.

What are section 7 or special expenses?

These are additional expenses not included in the basic table amount. Common items are childcare costs, medical or dental expenses not covered by insurance, tax-exempt medical devices, and post-secondary or educational expenses in certain cases. Courts allocate these costs proportionally based on each parents income, unless there is a different agreement.

What can I do if the paying parent refuses to pay?

If a parent fails to pay, you can register the order with the Family Maintenance Enforcement Program in British Columbia for collection and enforcement. Enforcement measures may include automatic wage garnishment, interception of federal payments, registration of arrears against property, suspension of driver or hunting licenses, and court enforcement actions including contempt. A lawyer or duty counsel can help you pursue enforcement.

Does child support apply if we never married?

Yes. Parents who never married have the same child support obligations as married parents. In British Columbia child support claims are typically handled under the Family Law Act together with the Federal Child Support Guidelines for calculation.

Can we agree on a private payment arrangement instead of using guideline amounts?

Parents can agree to a private payment arrangement or include a child support provision in a separation agreement. However, parties should be cautious - a private agreement can later be challenged or enforced in court if it is not fair or if circumstances change. It is often prudent to have the agreement written, reviewed by a lawyer, and, if possible, made into a court order or registered with enforcement authorities to make collection easier.

How do I find legal help in Pitt Meadows?

Start by contacting family duty counsel at the local court registry for brief advice and procedural help. If you need ongoing representation contact a family law lawyer in the Lower Mainland who handles child support matters. If you cannot afford a lawyer, inquire with Legal Aid BC about eligibility for family law services and with community legal clinics or pro bono services for limited assistance.

Additional Resources

Family Maintenance Enforcement Program - the provincial program that enforces child support orders and agreements in British Columbia. It handles collections, garnishments, and enforcement actions.

BC Ministry of Attorney General - Family Law Division - provides information about family law processes and how to access court services in British Columbia.

Provincial Court and Supreme Court registries in the Lower Mainland - where family law applications are filed and heard. Local court staff can explain basic steps to start a family law case.

Legal Aid BC - may provide financial assistance or legal services for eligible low-income residents in family law matters, including child support in some situations.

Family Justice Centres and family justice counsellors - offer mediation services, information, and referrals for separation and family law issues.

Access Pro Bono and community legal clinics - these organizations may offer free or low-cost advice, duty counsel appearances, and limited scope representation for eligible clients.

Department of Justice Canada - for information on the Divorce Act and national guidance on child support and the Federal Child Support Guidelines.

Next Steps

If you need legal assistance with child support in Pitt Meadows, follow these practical steps:

- Gather documents: recent pay stubs, tax returns, business financials, receipts for childcare and medical expenses, existing court orders or agreements, proof of living arrangements and parenting time.

- Calculate an estimate: use your best estimate of gross income and list special expenses so you can discuss likely guideline amounts with a lawyer or duty counsel.

- Contact local resources: arrange a meeting with family duty counsel at the court registry, contact Legal Aid BC if you have low income, or schedule a consultation with a family law lawyer experienced in child support.

- Consider alternatives: mediation or collaborative family law can help resolve support issues faster and less expensively than court in many cases.

- If you have an order and payments have stopped, register the order with the Family Maintenance Enforcement Program immediately to start enforcement steps.

- Keep detailed records of payments, missed payments, communications, and any costs you pay for the child - these records are valuable if you need to vary an order or enforce it in court.

Acting promptly and getting tailored legal advice will help protect your childs financial security and your legal rights. If you are unsure where to start, a brief consultation with duty counsel or a family law lawyer will clarify the options available in your situation.