The issue of child support arises after divorce or separation. Many individuals have a misconception that equally shared child custody does not require them to pay child support.
You can use a 50 50 child support calculator to have an estimate of the amount to pay. However, it is strongly recommended to consult with a legal representative to simplify the complex equation.
Child Support in Short
Child support is the amount that a parent has a legal obligation to pay to ensure a smooth upbringing. You have to provide child support till your offspring reaches the age of majority.
According to the Canadian legal system, child support is a fundamental right of a child and the core responsibility of a parent.
Shared custody is a legal order where both parents can spend time with the child more or less equally. In shared custody, both the parents have combined authority to decide on the child’s big decisions, e.g. education, residence, and other important things.
In shared custody, you and the other parent have to bear the equal cost for the child. The child amount and responsibility of a parent are determined based on provincial law and regulation.
To calculate the child support obligations according to the Federal Child Support Guidelines the court order doesn’t make any requirement to the parents for the child support payment like the Income Tax Act.
Another fact about child support is that the income of parents can be calculated but it doesn’t mean both have to pay the amount for child support. This will only be established when the court declares the written order about the payment of child support from both parents’ end. The payer cannot claim how much the amount will be able to pay and the recipient can claim the amount if the claim is eligible.
Steps to Child Support Calculator
Various child support calculators are available online to give you a preliminary idea of your child support amount. However, you shouldn’t take that as a final amount. The court determines your final amount to pay for child support. To get a more accurate picture of your child support amount.
Determining your parental status
The first step to determine your child support is your parental status. There are two types of parental status in Canada – the first type is a custodial parent, and the second type is access parent.
The types of custodial parents are:
- Sole custody
- Sole physical custody
- Joint physical custody
- Split physical custody
- Physical custody with visitation
You should keep a note that legal custody and physical custody are two different things. If you are not the custodial parent, you will get the status of access parent.
Types of access parents are:
- Reasonable access
- Fixed or limited access
- Graduated access
- No access parent
Read More: Grounds for Sole Custody in Canada
Identifying which guideline applies to you
This is perhaps the most important step you have to understand. There are three main categories for guidelines – the federal guideline, provincial law or territorial law.
If you are unsure which applies to your situation, it’s recommended to take legal assistance from the area. Onward, you will gradually know what is next.
Specifying the number of children for support amount
Then you have to determine the total number of your biological children below the age of majority. In addition, you may have to pay child support for the offspring of your partner when you’re acting in place of a parent.
Acting in place of a parent means that you have played the role of a parent to non-biological children. These are usually the offspring of your current partner and his/her former partner.
Moreover, you and your partner may need to pay a child support amount to a child above the age of majority in certain cases.
For instance, one of your offspring is studying at the tertiary level and is financially dependent on parents for an academic expenses. Both you and your partner may need to keep supporting financially after the separation or the divorce.
Determining the various amount
Before proceeding to calculate any amount, you have to find the appropriate table for you.
At this stage, you have to determine your annual income. If your monthly income varies widely, it is strongly recommended to hire an expert third party to prepare the details.
After this, you have to find the table amount. The amount will give you a general idea of the child support amount.
After that, you have to verify if you need to pay any extraordinary expenses. According to Canadian law, these expenses are important to ensure the child’s best interest policy. You can know more about a child’s special expenses at the federal guideline of the child support website.
Section 7 Expenses
There is a term named section 7 expenses in child support which is a payment guide to set up according to the section 7 law. This law specifies the Table amount for any special or extraordinary expense requirement.
The expenses under section 7 are only determined in the following situations:
- If the expense is necessary for the children’s interest, and
- The spending pattern of the family before legal separation, if the expense can relate to the spouse and the child’s lifestyle of that time patterns.
The list of expenses can be categorized according to the following points:
- The expenses for child care incurvation when the parents are unable to take care of employment, illness, disability, or education or training
- The expenses of medical and dental insurance premiums for the child.
- Over $100 annual health expenses.
- Expenses for child’s primary and secondary students like private school tuition and tutoring.
- Expenses for the child’s post-secondary education and for any selected programs and activities.
All the expenses under section 7 will be divided between the parents in the proportion to their income. Whose annual income will be higher, he or she will pay the maximum portion of expenses. The portion of the payor spouses will be added with his or her table amount of support to form the total support award.
Child Support Payment Schedule
The table list generally supports the law to pay the amount as monthly sums. But the court has the power under section 11 to order a lump sum payment, periodic payments, or a combination of the two. The monthly payment system is the standard practice but if the children need that for post-secondary education expenses or something important like that the lump sum payment can be ordered by the court.
Moreover, if the payor is not dependable enough to pay the amount in the future, then the court may order for lump sum payment or periodic payment instead of a monthly payment.
In child support law, undue hardship is the financial inability to pay the child support amount. However, your claim of undue hardship needs to be approved by a Canadian court.
50 50 Custody Child Support Calculator: The Next Steps
The first step in determining child support was to figure out what the table amount was. How did you pull that off? The best approach to figure up the sum is to calculate how much each parent would have to pay if the child custody judgment had gone in their favor.
To calculate the table amount, you’ll need to enter both your and your spouse’s yearly incomes. The age of both parents is critical in this case. After then, you’ll need to add all of the details of the kid’s upbringing, as well as the costs, until the youngster reaches adulthood. All of this will result in the non-custodial parent having to pay a net amount of child support. Then, of course, a judge from the court must sign off on it.
In a 50/50 child custody arrangement, the issue is settled by calculating the economic disparity between the parents. If one parent makes more money than the other, that parent is responsible for paying child support. This is the difference between the table amounts estimated in the previous paragraph by the two parties. However, there may be exceptions in special circumstances or if the payment is causing the parent significant problems. As a result, it is easier to comprehend using a basic example.
For the sake of this scenario, one child will be involved, with one parent earning more than the other. Parent 1 makes $100,000 per year, whereas parent 2 earns $50,000 per year. These are the yearly earnings of both parents. We may deduce from the Federal Child Support Table that parent one would have paid $1,416 in child support and parent two would have paid $743. The difference in these figures is $673. Parent 1 must pay $673 in child support to parent 2 since parent 1 has a greater income than parent 2.
50-50 child support calculator in Regina, Saskatchewan, is good to get an overview. However, your best option is to contact an expert legal executive on this matter.
Determining child support amount is a time-consuming task. Never rely on the quick solution of online apps. Only a federal judge can finalize the child support amount.
Frequently Asked Questions
Below is a list of the most commonly asked questions. You can read them to know the answers to a few frequently requested questions.
Who can help me with child support issues/agreements?
According to the Canadian legal system, you can get help from a divorce lawyer, mediator or an accountant to prepare a child support agreement. Resolving family problems through legal action is a complex process. Thus, you need to get help from an expert.
Do I have to pay child support in 50-50 parenting time in Regina?
The federal law of Saskatchewan determines child support amounts based on the income of the non-residential parent income. That means your shared custody or 50-50 parenting time does not relinquish you from child support, but it may influence the amount.
Does a calculator provide an accurate child support amount?
A child support calculator is effective to get a general idea, but it is, by any means, your final or precise child support amount. Only a judge can decide the final amount. Still, a child support calculator is helpful to prepare you in advance.
Do I still have to pay child support if my ex remarries?
Yes. Your ex remarrying does not end your parenting responsibilities towards your biological child. The same also applies to you. You can’t avoid paying child support to offspring with your former spouse if you remarry and have another child.
How do you pay child support in shared custody?
If a parent cares more than the asked portion that doesn't mean the child support obligation may be reduced. The court has the only right to calculate the issue and determine whether to reduce the child support obligation.