Yet again my daughters dad has failed to pay child support, and I have finally decided I will take him to court and get it in writting. The reason I never did this before is that he paid me $120.00/month and I thought that if I went to court I would end up with less. I guess my question is besides the income tables provided by the government is there anyway to know how much I could get? He owns a business and it makes it really hard for me to judge how much his income really is so do they take such assets into account or is it soley based on income? Any insight into this would be much appreciated.

Read here:

http://www.ag.gov.bc.ca/family-justice/law/child/effect.htm


What are the child support guidelines?

The child support guidelines are the rules for calculating the amount one parent must pay to the other parent to help support their child or children. The guidelines apply to all couples with children who are no longer together - whether they were married, in an opposite- or same-*** common-law relationship, or had no relationship at all.

The guidelines include tables setting out monthly child support amounts. These amounts are based on the average amounts parents spend to raise a child, and are based on two main factors:

the paying parent's level of income, and
the number of children eligible for child support.
The guidelines work on the principle that both parents should share the same portion of their income with their child as they would if they had continued to live together. In broad terms, the guidelines ask "what would a parent with this income usually spend on his or her child?" and set support payments for the paying parent accordingly. The guidelines assume that the parent with custody will also contribute to the cost of raising the child in proportion to his or her income.

In almost all cases, judges are required to follow the guidelines to determine the amount of child support payments. This makes it easier for parents to settle child support out of court. If both parents know in advance what a judge is likely to order for child support, it may be possible for them come to an agreement on a suitable amount without having to go to court.

If you are going through divorce or separation now, the child support guidelines will automatically apply to you and your children, and so will two other rules.

The first rule concerns income tax, and it states that:

if you are the parent paying child support, you cannot use your child support payments as a deduction on your income tax, and
if you are the parent receiving child support, you do not have to report the child support as income - which means you do not have to pay tax on the child support payments.
The second rule concerns how long a child remains eligible for child support.

Under this rule, child support generally ends at age 19; however, children who are age 19 or older and still dependent on their parents are still eligible for child support in certain special circumstances. In other words, if your children are still dependent after they turn 19 - owing to illness or disability, for example, or because they are still in school - then you are legally obligated to continue to support them.

http://canada.justice.gc.ca/en/ps/sup/10ntk/10ntk.html

Ten things you need to know
This site provides basic information only, and does not in any way override the Divorce Act or any regulations passed under it. It does not contain legal advice or replace the specialized advice of lawyers or other experts.

1. Do the guidelines apply to you?

The provinces and territories share responsibility with the federal government for matters relating to child support. In general, the federal Divorce Act sets out the rules for setting child support amounts if you are already divorced or planning to divorce. Provincial laws apply if you have never been married or are separated, or planning to separate, but have decided not to divorce.

The regulations under the Divorce Act that help parents set child support amounts are called the Federal Child Support Guidelines.

If you have a child support order or agreement that was made before May 1, 1997, the guidelines do not automatically change it.

For more information, please see "Eight steps to calculating child support."


2. The guidelines help parents calculate child support amounts

The Federal Child Support Guidelines consist of a set of rules and tables for calculating the amount of support that a paying parent should contribute toward his or her children.

The guidelines are designed to make the calculation of child support fair, predictable and consistent for the benefit of the children.


3. The guidelines do not automatically change existing child support orders or agreements

The Federal Child Support Guidelines came into effect on May 1, 1997. But, if either parent wants to change the amount of a child support order or agreement made before May 1, 1997, he or she can:

amend the existing order or agreement with the other parent; or
obtain a new court order.
Types of child support orders and agreements
How can I change my order or agreement?


4. There are separate tables for each province and territory

The amounts in the Federal Child Support Tables vary from one province to another because of differences in provincial income tax rates.

The tables reflect the fact that child support payments are not taxable in the hands of the receiving parent and not deductible by the paying parent.


5. The tables are simple to use

To find child support amounts in the Federal Child Support Tables, you look at three things:

the province or territory where the paying parent lives;
the paying parent's annual income; and
the number of children that the paying and receiving parents have who are eligible for child support.
The Federal Child Support Guidelines include other rules for using the tables, depending on the type of custody arrangement.

See Eight steps to calculating child support amounts for information on calculating child support amounts in simple cases.


6. The amounts in the tables are a starting point


Under the Federal Child Support Guidelines, child support amounts can be adjusted to recognize a child's special expenses or to prevent undue financial hardship for a parent or a child in certain circumstances.

For example, more child support might be appropriate to cover child care costs where these costs are reasonable and necessary. Or, less child support might be appropriate where the paying parent has unusually high access costs and has a lower standard of living than the parent receiving child support.

7. The table amounts are based on the average amounts parents spend to raise a child

Research on family spending shows there is no single fixed cost of raising a child.

Families spend more on their children as family income increases, with the proportion of family income devoted to children remaining the same across all levels of income. So the "cost of raising a child" depends on how much income, and how many children the family has.

The paying parent's share is set in accordance with the average proportion of income that a parent at that income level spends on their children. In broad terms, the guidelines ask "what would a parent with this income usually spend on his or her children?" and support payments are set accordingly.

The receiving parent is presumed to contribute to the children in proportion to his or her income.


8. Parents may agree on child support amounts without going to court

Parents may agree on the amount by themselves, or with a legal advisor or mediator. When the parents file an agreement with the court, the judge will:

look at the appropriate guidelines;
find the appropriate amount; and
determine whether the amount the parents agreed on is reasonable.

9. Judges must follow the guidelines

In most cases, if parents ask the court to decide the amount of child support under the Divorce Act , the judge must refer to the guidelines in setting the amount.

There are two possible exceptions to this rule. In these two situations, the judge may order a different amount of child support. But, the judge must first look at what the guideline amount would be before adjusting the child support. The two possible exceptions are:

special provisions; and
consent orders.

10. Frequently asked questions

Do the guidelines apply to me?
Where can I find information on child support enforcement?
What are the amounts in the Federal Child Support Tables based on?
Do the guidelines take into account the income of the receiving parent?
What if one parent remarries? Does the new spouse's income make a difference in the child support amounts?
What happens if either parent has a second family?
In considering special expenses and undue hardship, does it matter what kind of custody arrangements are in place?
Who must provide income information?
Does a child enrolled in post-secondary education still qualify for child support?
What are the types of orders and agreements?
How can I change my order or agreement?
How can I change the tax treatment of my order or agreement?
If I follow the guidelines, do I still need a lawyer?
Why are the table amounts based on gross income?
My former spouse received the house in our divorce agreement. Do the guidelines take into account any special provisions in a divorce or separation agreement?
Where can I find information on maintenance enforcement programs?
My former spouse is moving to another country. Will this affect child support?
I don't know what some of these terms mean. Please explain them.

Aboriginal Justice Learning Network
Child Support
Family Law Assistance Services
Parenting After Divorce
Research and Statistics
Victims of Crime
Youth Justice
More...

I have read the websites fully and I am still stuck with what I should do. Bella's father and I were never together in a relationship nor did we live commonlaw. The biggest problem is that he owns a business in which he has no established income because either it goes back into the business or people pay cash and it disappears. So I can't really even determine how much according to the tables I would recieve. If I went with the lowest possible amounts I end up getting less than I am now (120/mo). The problem with what I get now is its never regular and he has another child on the way so weither it shows up at all after that we shall see. I know I can get enforced maintenance but I don't want to do any of this if the amounts end up lower. Unless of course the money stops coming which means some is better than none. In terms of my income there is none. I live off student loans and child tax. I am still really confused so if anyone could clarify things a bit that would be great.

Why don't you call up a lawyer and request a free over-the-phone consultation and ask them about this? You may have to call a few numbers before you find one that's willing to answer you. They'll help you. Then let us know what they say.

Good luck.

Hi I have seen a lawyer and he has told me I should get approx. $1 for every $100 that my husband makes. He make approx $53,000.00/year threfore he came up with $530.00 per month. I am sure your spouse has done income tax they will take it from there. Take heart this is over whelming for me too. My situation is only 3 weeks old tomorrow, yikes. Good luck!

quote:

Originally posted by Dijacksmom:
[qb] Hi I have seen a lawyer and he has told me I should get approx. $1 for every $100 that my husband makes. He make approx $53,000.00/year threfore he came up with $530.00 per month. [/qb]

1% just doesn't seem right. In the US, the standard is 30%.. Am I missing something?

No you are not missing anything but maybe I am! Like how come such a difference between Canada and the US? Single mothers are often living below or at the poverty line.

Hey Dijacksmom, I'm from Vancouver too! Welcome aboard.

Thanks so much. I'm off to work and it's raining again ! Hope u all have a great day.

Hi ladies.

Jes...wow ...great research.

Hi commander...here the amount of support is based on annual income. There are a set of guidelines and the law is federal but there are slight differences in how each province applies the law or collects the support. The estimate the lawyer had given was a ballpark figure.There are variables and that amount could rise or lower.

Hello meandher and welcome...the father of the child, business owner or no, will have had to file an income tax return of some sort. This is where they will base the amount on but there will be other factors such as involvement and access and such.
Many law offices offer free consultations and there are services available to you. Check out the thread called "helpful canadian info" or something like that.

Hi Dijacksmom. I see you found the roll call...thank you.