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What is considered a special expense for child support?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, March 6, 2015.

British Columbia parents may be interested in some information regarding child support payments beyond those mandated by the federal child support guidelines. These expenses can cover a number of things to support the child, including medical expenses and other important costs.

While the federal child support guidelines outline a child support formula that covers a child’s everyday expenses, certain costs may be considered “special expenses” and require a separate agreement between the parents. According to the guidelines, special expenses are those beyond the basic child support that are necessary in order to support the best interests of the child and that are considered reasonable given the financial status of the parents. For this second definition, the expenses must be similar to those that were made prior to the parental separation.

Examples of reasonable special expenses include medical and dental insurance, child care expenses and extracurricular activities. Primary, secondary and post-secondary education expenses may also be considered reasonable special expenses. The parents are usually tasked with agreeing on what special expenses are allowed. The child support agreement between the parents can even anticipate special expenses that will begin at a later time in the child’s life. If the parents cannot agree on special expenses, however, they may appeal to a judge or take the dispute to a mediator or lawyer for assistance.

Due to the fact-specific nature of child support issues, this post should not be taken as legal advice. Understanding the legal aspects of child support can be difficult without the assistance of a lawyer who may be able to analyze the client’s financial situation and determine what a fair child support agreement would look like. The lawyer may then be helpful in negotiating this agreement with the other parent.

Source: Department of Justice, “The Federal Child Support Guidelines: Step-by-Step,” Accessed March 5, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

What constitutes a special expense?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, October 1, 2014.

British Columbians who are involved in a divorce with children may be interested to learn about an aspect of child support called ‘special expenses.” Special expenses are large, unexpected expenses, such as extraordinary medical costs or orthodontics, that may come up while caring for a child. Because these are not everyday expenses, parents will need to come up with an agreement about how to pay for special expenses that is separate from the agreement about regular child support payments.

Unless the parents come to their own agreement, tables in the Child Support Guidelines will normally be used to determine the amount of child support a payor will owe to the custodial parent. These amounts, however, do not cover all special expenses a child may need. In addition to the regular child support payment amount, the parents or a judge will need to decide what percentage of special expenses each parent will contribute towards when they arise.

In some cases, parents will decide to split the cost of special expenses evenly. The Child Support Guidelines recommends that parents instead split the cost of these expenses in a way that is proportional to each parent’s income. Although parents likely will not know what special expenses a child will have, it may be important to reach an agreement about special expenses ahead of time.

Parents may find that a prearranged agreement about special expenses is useful to have in the event that a child requires tuition at a school that meets their developmental needs. Speaking with a lawyer may be a good way to determine what type of agreement about special expenses would most benefit the child. Because every child’s special expenses are different, the information in this blog is not meant to be confused with legal advice.

Source: The People’s Law School, “Child Support in BC“, September 29, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Protests shine a light on income assistance clawback issues

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Monday, May 19, 2014.

A group in British Columbia is attempting to combat a policy that takes back income assistance from some mothers. In New Westminster, they marched in protest against these policies, which they claim are damaging children’s health. Mother’s Day was the day when Acorn Canada chose to lead the protest march involving dozens and a Poverty Potluck meal in order to combat crown clawbacks from income assistance programs.

The clawbacks subtract from income or disability payments when the receiver also receives income from another source. For instance, one mother reportedly receives $300 in child support, which is then deducted from her $1,200 monthly income assistance. This, they argue, is preventing single mothers from providing proper nutrition for their children. Some, reports indicate, use the monthly Poverty Potluck meals as a necessary part of their children’s nutrition. The stated purpose of the meals, however, is to shed light on the unhealthy food that children are forced to eat due to the clawbacks.

One crown representative said that, while he sympathizes with the difficulty felt by the single mothers, the assistance programs are meant to be a last resort. This means that single mothers are expected to seek income from any other source to offset government assistance. However, a representative from Acorn stressed that those who grow up without proper nutrition are more likely to develop various physical and emotional ailments. These include diabetes, food allergies and developmental issues.

While issues remain regarding income assistance, many single mothers are relying on child support payments to take care of everyday expenses for their children. A family law lawyer could help when an ex-spouse responsible for child support has delinquent payments or wishes to seek a child support modification.

Source: Global News, “Low-income activists protest government clawbacks to child support in B.C.“, Darlene Heidemann, May 11, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370