Contrary to what you may think, child support following a divorce is not clear-cut. Firstly, a family lawyer may advise that the matter of child support is handled according to jurisdictions, therefore the terms and conditions in one province may be different from another. Furthermore, family law in British Columbia has undergone some adjustments over the years.
With this in mind, it’s understandable that there is some confusion surrounding the matter of child support. To provide some clarity, we’ve debunked a few of the common misconceptions below:
Misconception #1: Child support ends at age 19
Although the age of maturity is 19 in British Columbia, it doesn’t automatically mean your child will no longer require financial support. Bear in mind that payments should continue if your child:
- Has enrolled in a post-secondary educational institution
- Is dealing with an illness that makes them dependent
- Has a disability
Misconception #2: You won’t be allowed to see your child if you don’t pay child support
The parent who has legal and physical custody doesn’t have the right to deny access to the other parent because of non-payment. Child support and child custody are handled as separate matters in court. Therefore, you should consult a family lawyer to address the issue of non-payment.
Misconception # 3: Payor parents who quit their jobs don’t pay child support
Some parents go to the extreme of quitting their job, not realizing that the law addresses matters of this nature. Others think they can outsmart the law by intentionally opting for a lesser-paying job. They assume that these actions will get them off the hook for paying child support or will lead to a reduction in payments.
What they don’t know is that the court will still require them to pay child support. Additionally, the court may base child support payments on that parent’s earning potential rather than on their current earnings. If you’re having difficulties with making payments, it is best to seek advice from your family lawyer instead of taking such actions.
Misconception #4: Child support agreements are set in stone
With the help of a family lawyer, you can adjust the child support agreement. If the payor parent gets a bump in salary, then there is a chance that the other parent can request an increase in child support. Likewise, if the payor’s parenting time increases, then they’re within their right to request a reduction in child support.
Do you need a divorce lawyer in Surrey, BC?
Knowledge of the law gives you some control in matters such as child support. You can further empower yourself when you consult the family and divorce lawyers at Highland Law. Our team is committed to resolving matters such as child support. Your first consultation is free, so contact us today to schedule an appointment.