Child Support + Indigenous Millionaire Quest Flashcards
What is the legal concept of Child Support?
The financial support that parents must give to their children when they live together and after they separate
Who is responsible for child support?
- all parents
* a parent who remarries & starts a new family still have to support their children of a previous marriage
Why was there a need to provide child support guidelines?
Because judges needed guidelines that were realistic & reflected the true cost of raising a kid
Outline and explain four main reasons for the introduction of the 1997 Federal Child Support Guidelines?
- To make a system that weighs both parents’ finances after divorce - if one parent has less money, then they would pay less for their child
- To reduce problems by making child support calculations simpler and more objective - lessens amount of disputes among citizens by bringing in precise and reasonable estimates
- To bring consistency to child support orders while still giving flexibility to families to meet their own circumstances
- To improve efficiency of the legal process by giving courts guidance in setting awards and encouraging settlement - makes life easier for court people by giving instructions for faster and better outcomes
What are the three main factors that help determine the appropriate level of child support?
- Non custodial parent’s total income - the more money they have, the more they pay
- The number of children to be supported - calculations are based on amount of children to make payments as reasonable as possible
- Appropriate federal child support table for the province/territory in which the non-custodial parent lives - helps to find the base amount of child support depending on where you live
What some exceptions to the child support payment tables?
- If the table payments would cause excessive hardship for the paying parent - ex. A paying parent who has to support another kid in a new marriage may be able to claim this exception
- If the children are 18 or older, the guidelines are a starting point. The children’s financial needs and their ability to help themselves are monitored by court - payments may be needed when kid is in college/university earning diploma or degree
- If there is a shared or joint custody, guidelines may not apply if the paying parent cares for the children at least 40% of the time - table amounts can be reduced when paying parent has the children for at least 40% of the time
- If the paying parent’s annual income is over $150,000 - the court must first order the table amount for the $150,000. But after, it is free to order more or less payment, depending on the circumstances