Regina Child Support Lawyer
Children have the right to support from both parents. Unfortunately, the amount of support isn’t always something either parent agrees on, and sometimes parents end up with amounts higher than they can pay. Our child support lawyers can help you negotiate payments and modify payments when your circumstances change.
We can also guide you on what to expect when setting a child support amount in your divorce settlement. Keep in mind that if you have children no judge will approve a child support amount lower than those mandated by Canadian law. Still, parents will often negotiate larger child support amounts to accommodate certain educational or medical expenses.
How is Child Support Calculated in Regina?
The base, the minimum amount will be calculated by using Canada’s Federal Child Support Guidelines. These guidelines take the income of both parents into account, as well as the number of children the couple has had together.
If the parents have joint custody or parallel custody, that is, a nearly 50/50 arrangement, then the higher-earning parent will subtract what the lower-earning parent would pay in child support, and would pay the difference.
If a parent spends less than 40% of their time (146 overnight visits) with the child they’d generally pay the full amount to the parent the child lives with.
The parenting time credit is not automatic though and would need to be outlined in the divorce settlement and the eventual divorce decree. Parents should keep this in mind when negotiating co-parenting agreements and child support agreements alike.
Above and beyond this base number, child support is negotiable. Some parents choose to agree to more so the child can attend private school, or so a special needs child can get medical care.
How Long is Child Support Paid in Saskatchewan?
For the most part, parents pay child support until the child reaches 18 years of age, the age of majority. There will never be a court-approved agreement where a child stops receiving support before they have turned 18.
It is possible to negotiate to pay child support longer, say until a child turns 21 if both parents agree to it in the divorce settlement. Parents might do this to ensure the child receives support through the college years, for example. These are just some of the issues that make child support into a far less straightforward legal issue than it appears to be on the surface.
Is Child Support Mandatory in Saskatchewan?
Yes. Child support is mandatory in all Canadian provinces. It’s considered to be a right held by your child. In fact, if you become voluntarily unemployed the courts may impute income that you might have otherwise earned and may still require you to pay it.
It’s for your child’s benefit. If you are the payor, the real question is whether we can negotiate a payment you can afford if your ex is asking for more than the minimum amount.
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Our team is standing to get you an appointment and to get you matched with your Regina child support lawyer. Call (306) 359-7777 today.
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