Q: Are child dependents legally entitled to financial support?

A: In Canada, according to the Divorce Act and the Family Law Act, children are entitled to financial support from both parents, regardless if parents are separated or divorced and they are under the age of 19 or unable to care for themselves because of illness or disability.

Q: Who pays child support with 50/50 custody?

A: If the children spend equal amounts of time with both parents, usually the parent with the highest income pays supplementary child support. There are many variables that affect the amount of child support with equal custody situations, and every case has its own unique set of details for negotiation. The focus for all parties, is the welfare of the child.

Q: My daughter is 19 and attending college full time, so is unable to work and support herself at this time. Is it possible to have her child support extended until she graduates?

A: Often, parents whose children are enrolled in college or university (or other type of post-secondary education) still have to pay child support. Continued financial support may depend on their educational goals, whether they are attending full or part time, and if they are eligible for other financial help. If this is your situation, we recommend you call us for a consultation. Child support for children over the age of 19 can be complicated, and we recommend talking to us before proceeding.

Q: I am self employed and my retail store did not do well financially during the COVID pandemic. Can I reduce my child support payments until my income increases and business is back to normal?

A: This may be possible, as child support amounts are calculated based on income, and if an income is not a regular amount, payments may be adjusted. This doesn’t apply to parents who have incorporated companies. Contact us for a consultation to discuss the details of self-employed parents and child support. If you are sole proprietor, or working on a contract basis, you may be able to adjust your payments.
For more information or help with the legal issues surrounding child support call the lawyers at Bell Jacoe & Company.
Thank you for visiting us at the Law Firm of Bell Jacoe & Company. Based in Summerland BC, we have served the South Okanagan since 1990. Our experienced lawyers provide help with family law, real estate, wills, powers of attorney, injury, divorce, general litigation, commercial law, and more.
You may be interested in reading our article on prenuptial agreements: Prenuptial Agreements in BC