How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100934
Experience:  Lawyer
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

We are in BC. What happens when child support was decided on

Customer Question

Hello, We are in BC.
What happens when child support was decided on both parents incomes- split parenting and then incomes changed which directly effect the child support payments
Child support was agreed upon by both parties offsetting the other. The parent with the higher income paid the other parent. EG parent 1 owes $100 , parent 2 owes $ 500: therefore parent 2 is obligated to pay $ 400.00
Then the lower earning parent has made substantially more income over the last few years but hasn't updated their earnings and continued to take full advantage of the child support given.
Parent one doesn't want to pay arrears for collecting more child support than entitled to.
What is the law about this and paying arrears?
thank you,
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Court order was decided in 2014. In the court order parent 1 ( lower income) put in a clause that whoever has child must pay for childcare - due to them not wanting to share access during the week. parent 2 has over 40% every weekend into the second day of the week. parent 1 has not shared info where the child goes to daycare/school but is requesting extraordinary payments for daycare and extracurricular actives.Parent 1 does not share any important info that they are required to share but is trying to get more money even though split shared custody is in place.Child is 4, and parents marriage ended when child was 13 months oldDoes parent 2 have the right to refuse extraordinary circumstances if parent 1 is not being truthful and forthright
and can parent 2 get arrears for over child support payments ?
Expert:  Debra replied 1 year ago.

The way this works is that the support would be varied so that it reflects the actual income.

If each parent has the child 50% of the time then a you did before, you take the higher income earners support amount (as if the child lived with the lower income earner full-time) and from that subtract that the lower income earner would pay and the higher income earner pays the difference.

The court will make an order for arrears to make this fair so long as there is no real delay in asking for the retroactive adjustment.

In terms of special expenses, generally they must be agreed upon by both parents and each contributes in proportion to their respective incomes.

Does that help?