Child & Spousal Support
Child Support
Under the law, each parent must support their children even that parent is not involved in the child’s life. Child support is considered to be the legal right of the child.
The person who the child primarily lives with is entitled to receive child support from the other parent. If the parents have equal or almost equal parenting time, the person with the higher income will usually pay child support to the person with the lower income.
Child support in British Columbia is calculated using the Federal Child Support guidelines. How much child support you must pay is based only on how much the person paying makes, and how many children you have.
If you fall behind on your child support payments, you cannot be prevented from seeing your child.
An experienced family lawyer can help you determine how much child support your child is entitled to.
Spousal Support
Upon separation, spousal support may be paid to your ex-spouse in order to help them with living expenses.
Spousal support is intended to make sure that neither you nor your spouse faces a financial hardship as a result of the relationship breakdown and to help each person become financially independent.
You may be entitled to spousal support if you were married, common law, or lived together in a ‘marriage-like relationship’ for less than two years and have a child together.
The amount of spousal support depends on the following factors: if you are able to support yourself, if you earn less than your spouse, if the person being asked to pay is able to pay, length of the relationship and if you worked outside of the home or stayed home with the children.
If you and your spouse were common law, you must apply for spousal support no later than two years after separation. If you were married and applying under the Family Law Act, no later than two years after getting a divorce order. If you are applying under the Divorce Act, there is no time limit.
For more information on whether or not you are entitled or have to pay spousal support, contact the Lawyers at Sarah Leamon Law Group.