Calculating Child Support Payments When Getting Divorced

Calculating Child Support Payments When Getting Divorced Watch more episodes John Schuman

Welcome back to real estate 101. Today we are going to continue discussions on family law and talk about child support guidelines. We are pleased to be joined by John Schuman of Devry Smith.

When two people are trying to deal with child support and they don’t like the guidelines set out. Can they themselves do something differently?

Technically yes! But in reality it is almost always NO. The child support guidelines are mandatory. If you have an agreement for child agreement unless the agreement actually benefits the child more than child support guidelines.

What about parents who don’t want to share income from the second job because they think it is fun money?

In an agreement where the parent is required to pay less than the child support guidelines, either parent likes to go to court, the judge is going to throw that agreement. Even if was agreed in faith! It changes from income levels, province to province, but it is based on income spent on your kids when you were staying like a normal family.

How about in a situation where one parent leaves the other ex-spouse with the home in exchange for lower child support payment? Is that possible?

That is a really good deal if you are a recipient and a terrible deal if you are giving a home. No family lawyer will recommend. If you are paying support, you will never get a lawyer who would agree to this agreement and that’s too dangerous down the road.

Supreme Court has made it pretty clear, if you are hiding anything in increase in income, a judge can order support backward.

The guidelines for Shared Custody are going to be different. Parents live equal time and in that situation both parents support as per the guidelines. The judge may change the guidelines if one parent is earning more than the other parent. The expenses can be shared proportionately.

Is it possible to agree something different in the guidelines?

Yes, if it benefits the children more and not less than guideline.

Custody issue – Can a parent avoid paying support?

This may only happen when a parent is not a good parent or they just want to get away. The judges want the kids to know their parents even if they are not good.

The child support is right of the child and not right of the parent. The Federal Government has details on child support calculator on their website. The guidelines vary from province to province.

For more information contact family lawyer, John Schuman:
Devry Smith Frank LLP
TEL: 416-446-5080

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Calculating Child Support Payments When Getting Divorced

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