Question About Child Support in Canada...
So my husband and I have had custody of SD5 since she was 9 months old. My husband and his ex decided on no child support for the time being when they seperated and there has been no child support since then. BM hasn't contributed anything whatsoever to the cost of raising SD5. She takes her for a few weeks in the summer, and aside from that, that's it.
Now, SD5 and my husband lived together in the same town as BM until SD was 2. BM would occasionally take SD on weekends but that's it. I moved to the town they lived in and started living with my husband (then boyfriend) for about a year until we moved. We decided to move about 5 hours away, which BM was fine with and signed an agreement stating we could move with SD. That was about 2 years ago. Thats why BM only sees her in the summer, and even then, we bring her half way.
We're interested in going for child support now that SD is getting older and we feel it's only fair for her to benefit from BM's income as well. I'm just wondering a few things before we get started in reaching out to a lawyer:
1. Is the fact that we moved away with SD going to limit our ability to do this? Can BM spin this as a way for her to avoid paying?
2. If my husband makes slightly more than BM but I make significantly more than BM, will this mean she doesn't have to pay? Do they look at my income at all or just my husbands? If our household income is much higher than hers alone, does that get her out of paying?
3. I think she is happy with not having to take responsibility/have custody, but on the off chance she gets upset about us going for child support, does she have the ability to go after more custody despite us living far away? She was proven incapable of having custody before, but my worry is being ordered to bring SD 5 hours away multiple times a year...
Now, we do have proof that she's had limited contact with SD and made no attempt whatsoever to build a relationship or support her financially so I'm thinking everything is in our favour. Of course we will be talking to a lawyer about everything, but I wanted to run this by everyone here in case anyone has any insight that might help
Thanks!
Talk to a lawyer, they'll
Talk to a lawyer, they'll know the area and the judges where you are the best.
The courts in my part of Canada like to maintained the status quo and don't like to upset things if they are working.
Is SD in school? The courts won't want to move her if she's settled and has been attending school. I understand she's only 5 but some kindergarten programs start at 4.
There is a basic chart that the provinces use to calculate CS and your income doesn't factor in. DHs income will be used to decide what percentage of section 7 items he pays for (extra curricular activities like dance, swimming, hockey and post secondary) The higher income earner pays the bigger percentage.
Be prepared for BM to try to get custody in an attempt to not pay CS. However, unless you are in a very pro BM province like Quebec I think the courts will see through her.
Notsobad is absolutely
Notsobad is absolutely right.
For your DH's divorce to go through he obviously waived any rights to child support and in the Province I am located in this would not be an easy thing to get through the courts unless the parent with custody is making an obscene amount of money.
Some lawyers will offer a 1 hour consultation for free.
That's the strange thing. Him
That's the strange thing. Him and BM agreed to no support because she was jobless by choice (he pushed her to work because they needed the money) and he had a minimum wage job so it's strange that the court let the custody arrangement be without any sort of child support.
Hey there. In Canada, BM will
Hey there.
In Canada, BM will have to pay child support based on her income. If she is under employed or unemployed, an income may be imputed on her by the courts. Meaning, a judge will order payment based on what she could be earning if she were working full time at her job.
Choosing not to work is not the same as not being able to work. She could claim undue hardship, if she has a valid reason not to be able to pay child support but courts in Canada seldom excuse non-custodial parents due to undue hardship. Even most parents on disability have to pay some child support.
Also in Canada, parents cannot barter away child support, even if the custodial parent is the one that requested a lesser amount or no child support as child support is the right of the child. A judge can make your BM pay some of the retroactive payments, normally for the past 3 years of the child support that is due, or the judge may simply go back to were the custodial parent first requested child support payments. (We found this out 5 years ago. My SO's EX requested a lesser amount of child support so she could get the house in their divorce several years prior. SO ended up paying for the difference retroactively of the last 3 of those years. BM wanted retroactively for the entire 8 or nine years, but was denied it as she could have requested SO pay the full amount any time since the divorce and chose not to. In other words, SO got shafted as he lost the money he had in the house).
The BM in your case cannot use the fact that you are moving to get out of paying it.
She can protest you moving away with the child, but if she is not that involved with the child, the court will most likely allow you to move away with her if it would be in her best interest.
Her child support contribution is solely based on her income or potential income, not your husband's and not yours.
Best thing to do is get a lawyer, and handle all of this legally.
OK here are my 2cents.
OK here are my 2cents. 20years experience under my belt.
OP: Years ago bio dad and his x entered into an agreement, NO SUPPORT.
It is not ok to change it. That is only my opinion and I would say that others on here my tell you to go after her.
Now you two moved 5 hours away, right? BM is doing 1/2 the drive and has her child for the summer. Right?
Sounds rather nice to me if you don't mind me saying.
I could really take off and run in the weeds with this set up but I am dedicated on not going there.
Why poke a resting bear.
My experience with Child
My experience with Child Support in Saskatchewan
SD lived with mother. Mother moved her to Kelowna, back to Regina, out to Edmonton, then to Vermilion, finally ending up in Kipling SK. DH and I have remained in the same house in Regina since the beginning. We went through mediation. They have what is called "joint" custody, with her BM being the "primary caregiver" Court ordered DH to pay her based on Federal Tables. She used to make close to the same amount as him, and he still had to pay the full amount. She never had any permission to move anywhere, and we still had to pay. The only thing that went in our favor is that she had to meet us halfway for visits. However, she was able to deny us access whenever she felt like it. SD now lives with us, we could go to court and have her BM ordered to pay us child support. Our lawyer advised us that a judge will insist that she pay as the money is for her child. We, however, have decided against this. Hope this helps!
"Court ordered DH to pay her
"Court ordered DH to pay her based on Federal Tables. She used to make close to the same amount as him, and he still had to pay the full amount."
That's because it doesn't matter what the primary caregiver makes, the tables are based only on the non primary's income. It's the section 7 items that are split based on each parents income. The higher earner pays a higher percentage.
The reason behind not taking into account the primary's income (as it was explained to me by my lawyer) is that when the parents were together the children benefited from their total income. When they split, the children still benefit from the primary's income but have lost 1/2 the family income.
In most cases the primary is the mother and women usually earn less than men. So the living circumstances of the children can be greatly affected by the loss of 1/2 the income and the charts are an attempt to mitigate that.
As for moving all over the place, if DH had gone to court he could have stopped her. His CS might have changed because it is based on the chart of the province in which the children live. So by moving to BC, she could have gotten more CS but the courts would have had to allow the move.