Child Support in Richmond and Vancouver

Many separating or divorcing spouses are concerned about possible child support and spousal support obligations. The paying spouse is concerned about having to pay support that is beyond his or her capacity to pay. The receiving spouse is concerned about being unable to make ends meet or of being dependent on their former spouse.


The Child Support Guidelines and the Spousal Support Advisory Guidelines provide the framework for the payment of child support and spousal support. These guidelines came into effect in May, 1997 to allow for consistent child and spousal support throughout the country.


The Collaborative lawyers assist spouses to understand their rights and obligations with regards to child support and spousal support, and to reach agreements that are tailored to the needs of each family in the most tax-efficient manner. When you’re seeking spousal or child support in Richmond, contact the experienced lawyers at Collaborative to help you determine the amount.

Common Child Support Questions

Child support is often a major concern in divorce cases. The following questions are intended to help you better understand how the court determines child support.


How Is Income Calculated?

Does the Court Look at My Net or Gross Income?

Can I Deduct Expenses When Determining Child Support?

What Are Schedule III Adjustments?

Does the Court Use Current Income to Set Child Support Amounts?

Do I Have to Apply to the Court to Get Child Support?

How Is Income Calculated?

Most often, income is calculated using the last three years’ income tax returns as well as notices of assessment and reassessment from the Canada Revenue Agency. Information showing current year-to-date income, such as paystubs, is also used. Additional information can also be required, depending on your situation. For example, if you are a business owner then you will have to provide financial statements from your business.

Does the Court Look at My Net or Gross Income?

To determine the child support amount, the court will look at your gross income, not your net income. Gross income is the total amount of money you earn before taxes and other deductions. Net income is the money you 'take home' once taxes and deductions are removed.

The Child Support Tables were created as easy-to-use tools to help you determine a basic child support amount. They are set up using gross income amounts because and take into account the tax rates, costs of living, and average costs of raising a child in each province and territory.

Can I Deduct Expenses When Determining Child Support?

Generally, the only expenses that can be deducted from your gross income in terms of child support amounts are 'Schedule III adjustments.' The most common Schedule III adjustment is union dues, which are the money you pay when you’re a member of a union. Many of the possible Schedule III adjustments do not apply to most people, and many of these adjustments are already included on your income tax returns if they are applicable.

What Are Schedule III Adjustments?

A list of Schedule III adjustments can be found here. These amounts are very specific and can be difficult to calculate. Some amounts apply to people who earn income beyond employment income. Because these adjustments are tricky to understand, do not assume that you know what the amounts are just by reading their category.

We recommend that you get help with Schedule III adjustments from a professional, like the lawyers at Collaborative.

Does the Court Use Current Income to Set Child Support Amounts?

The amount of child support will usually be determined by the current income of the payor. However, if the court feels that using current income is not fair, they can look at the pattern of income or income changes over the last three years. This is why the court will have you file your last three years of income tax documents.

Do I Have to Apply to the Court to Get Child Support?

In certain cases, you may be asked to apply for a child support order, such as if you are collecting income assistance from Community Services. In most cases, though, you are not required to get a court order for child support.

Questions about Collaborative Divorce?

Contact us today to schedule an appointment. We are easily reached by phone at 877-977-6833 (toll free) or 778-732-1375. You can also send us your questions via email, through our eform.

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Your Team

GENERAL INFORMATION

Collaborative Divorce Network

778-732-1375

info@nocourtdivorcebc.com

Shelley Behr

Divorce Coach/Child Specialist

Garth Edwards

Lawyer

Robert W. Mostar

Lawyer

Susan Vanderwerff

Divorce Coach/Child Specialist

Angiola De Stefanis

Lawyer

Deirdre Severide

Lawyer

Danny Zack

Lawyer

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