Divorce and child support in Canada

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by: HowardMacKinnon
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Anyone with children who is contemplating a divorce in Canada needs to be aware of the federal child support guidelines. The guidelines add some measure of certainty and objectivity to what was previously a rather chaotic process for determining the appropriate amount of child support which should be paid. Under the guidelines parents and judges are able to quickly calculate the correct amount. The result is far less courtroom contention over the issue of child support.

The most important, and most helpful parts of the guidelines are the child support tables. Most of the time all you need to do is consult the tables to determine what the child support should be. There is a separate table for each province. The one you use is determined by the residence of the parent who will be paying support. If that parent lives outside the country, you use the provincial table based on the residence of the custodial parent.

Once you've selected the suitable provincial table, it's simply a process of cross-indexing the number of kids with the gross annual income of the parent who is paying the support. This shows precisely what the child support amount should be for each month. This is the amount that the court will expect you to agree to unless you are able to show why another amount might be more suitable. If you wish to use another amount, you'll have to say why, using the other guidelines. The fact that both parents are agreeing to another amount won't be counted as a sufficient explanation. If the court isn't satisfied that the guidelines support the amount in question, the court will impose the amount that it finds more appropriate for the situation.

Some of the recurring justifications for deviating from the guideline table amount include instances with an unusually more complex child care arrangement. For the most part, one parent is the primary caretaker, while the other one gets to visit the children based on a fixed schedule or based on an arrangement which fluctuates from time to time. In cases like these, it is appropriate to use the guideline table amount.

The exception is made when there is shared parenting, the children spend approximately the same amount of time with each parent, or when the kids are split between the two parents. In these situations the most common thing to do is to figure out what each parent should pay the other according to the tables and then subtract the two figures with the parent owing the most paying the difference to the other.

Other situations which warrant exceptions to the tables include situations where the access parent has high access costs (extensive travel costs for example) and has a lower standard of living than the other parent.

As a general rule of thumb, child support must be paid for any child that has not reached the age of majority, as well as for any child who is attending college full time, particularly if the parents have agreed to pay for the schooling.

The guidelines have helped reduce contention on the issue of child support. However, they have not altogether eliminated the need to look at each situation carefully to see whether a departure from the table amount would be appropriate.

About the Author

The author is an seasoned Canadian divorce attorney who has created and operates an online do-it-yourself divorce website. Howard encourages you to visit his site and would be pleased to assist you with your divorce. Get a totally unique version of this article from our article submission service

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<h1>Divorce and child support in Canada</h1> <p> Anyone with children who is contemplating a divorce in Canada needs to be aware of the federal child support guidelines. The guidelines add some measure of certainty and objectivity to what was previously a rather chaotic process for determining the appropriate amount of child support which should be paid. Under the guidelines parents and judges are able to quickly calculate the correct amount. The result is far less courtroom contention over the issue of child support.<br /><br />The most important, and most helpful parts of the guidelines are the child support tables. Most of the time all you need to do is consult the tables to determine what the child support should be. There is a separate table for each province. The one you use is determined by the residence of the parent who will be paying support. If that parent lives outside the country, you use the provincial table based on the residence of the custodial parent. <br /><br />Once you've selected the suitable provincial table, it's simply a process of cross-indexing the number of kids with the gross annual income of the parent who is paying the support. This shows precisely what the child support amount should be for each month. This is the amount that the court will expect you to agree to unless you are able to show why another amount might be more suitable. If you wish to use another amount, you'll have to say why, using the other guidelines. The fact that both parents are agreeing to another amount won't be counted as a sufficient explanation. If the court isn't satisfied that the guidelines support the amount in question, the court will impose the amount that it finds more appropriate for the situation.<br /><br />Some of the recurring justifications for deviating from the guideline table amount include instances with an unusually more complex child care arrangement. For the most part, one parent is the primary caretaker, while the other one gets to visit the children based on a fixed schedule or based on an arrangement which fluctuates from time to time. In cases like these, it is appropriate to use the guideline table amount.<br /><br />The exception is made when there is shared parenting, the children spend approximately the same amount of time with each parent, or when the kids are split between the two parents. In these situations the most common thing to do is to figure out what each parent should pay the other according to the tables and then subtract the two figures with the parent owing the most paying the difference to the other.<br /><br />Other situations which warrant exceptions to the tables include situations where the access parent has high access costs (extensive travel costs for example) and has a lower standard of living than the other parent.<br /><br />As a general rule of thumb, child support must be paid for any child that has not reached the age of majority, as well as for any child who is attending college full time, particularly if the parents have agreed to pay for the schooling.<br /><br />The guidelines have helped reduce contention on the issue of child support. However, they have not altogether eliminated the need to look at each situation carefully to see whether a departure from the table amount would be appropriate. <h2>About the Author</h2> The author is an seasoned Canadian divorce attorney who has created and operates an online do-it-yourself <a href="http://www.divorceonline.ca">divorce</a> website. Howard encourages you to visit his site and would be pleased to assist you with your divorce. Get a totally unique version of this article from our <a href='http://www.uniquearticlewizard.com/home.php?id=240409&p=205'>article submission service</a> </p>

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