Parents who are getting a divorce in Canada, or parents who already have their divorce, must adhere to the federal child support guidelines when determining their financial responsibility for their children. Before the guidelines became law in 1997 it was harder to know what a judge would decide was a fair amount child support. Because of this uncertainty there were more disputes and more cases went to trial. Now, all you usually need to do is look at the guidelines to determine the right child maintenance amount.
The most important, and most helpful parts of the guidelines are the child support tables. Most of the time all you need to do is consult the tables to determine what the child support should be. There is a separate table for each province. The one you use is determined by the residence of the parent who will be paying support. If that parent lives outside the country, you use the provincial table based on the residence of the custodial parent.
In order to figure out the proper amount of monthly child support you should pay, you should first choose the correct provincial table. After you have done this all you have to do is cross index the number of children you have with your individual gross annual income. This total is what the court will expect you to pay, unless you can prove that another amount is suitable. Just having both parents agree to a different amount will not be enough, you have the burden of proving this is acceptable using the rest of the guidelines. If the court does not agree with you, you will be required to pay whatever the court thinks is appropriate.
Among the most common reasons for veering from the guideline table amount have to do with cases in which the child care set-up is much more complex than normal. Generally, one parent would be the main caregiver, while the other parent would have access visits with the kids on a fixed schedule or by some other, more flexible arrangement. The guideline table amount is most appropriate for such common situations.
The exception is made when there is shared parenting, the children spend approximately the same amount of time with each parent, or when the kids are split between the two parents. In these situations the most common thing to do is to figure out what each parent should pay the other according to the tables and then subtract the two figures with the parent owing the most paying the difference to the other.
Other instances that merit exceptions are cases where the parent with access has high costs (such as extensive transportation expenses) and has a standard of living which is less than that of the other parent.
Typically the number of children for whom child support is payable includes all children under the age of majority plus any children enrolled in university full time whom the parents have agreed to support.
So, the guidelines, and especially the tables, have made it easier to determine the appropriate amount of child support. However, special circumstances still require a bit of fine tuning.
1. Do you really even need to hire a lawyer? If you are unsure of your legal rights or responsibilities then there is no substitute for the advice of a lawyer, especially one with experience in divorce matters. However, once you have had your questions answered, you may find that you can handle your divorce on your own - or with just a little help.
In most cases spouses are able to work out the terms of their divorce without needing to ask a judge to actually decide anything. These are called uncontested divorces. They still involve a lot of necessary paperwork and court office staff are not able to do it for you or give you detailed help. Some are not even allowed to give you all the forms. But there are other options.
One is a do-it-yourself divorce kit. You can buy one of these for about $30 at most bookstores or office supply stores. They give you the basic information you need along with the blank forms you will need to fill out. It will still take some time to read through and figure out what they are telling you to do but it has the advantage of being the cheapest possible option.
Another option which saves you all the time of working through the kit and paper work on your own is to use of the divorce document assembly services advertised on the Internet. These cost about $250 for which you get all the documents you need ready for you to sign, date and file - along with complete instructions. This middle option is a bit more expensive than a kit but a lot easier and faster and still saves you a ton of money when compared to hiring a lawyer to do the same thing.
2. Consider mediation. In the mediation process you are still in the driver's seat, no judge gets involved and lawyers are optional. Instead a mediator, a professional trained in assisting spouses to negotiate with each other, will help you settle any issues you have been unable to agree upon. Even touchy issues are usually successfully resolved when both spouses are prepared to give mediation their best effort.
Mediators are professionals and a day of mediation will cost a few thousand dollars which you and your spouse can split. But if that saves each of you tens of thousands of dollars in legal bills then it is money well and wisely spent.
3. Free initial consultations are often offered by lawyers looking for your business. Before booking an appointment with a lawyer make sure the first 30 minutes or so will be free or else call someone else. It may be that after getting some preliminary information you will find that you won't need a lawyer to handle your divorce and you can try one of the cheaper alternatives.
4. Although almost all lawyers charge based on an hourly rate, they will bill you for every single minute they spend working on your file. That means writing, dictating, preparing documents, and even just speaking to you briefly on the phone. Every minute is costing you money so don't make frequent calls for updates. Instead establish some regular reporting system up front such as arranging to receive a copy of all letters and documents or a monthly report letter.
5. Negotiate a flat fee with your lawyer. This may not be easy, or even possible, as most lawyers charge by the hour. But if you can do it the peace of mind of knowing what the legal bill is going to look like at the end of the day is worth making the attempt. It also allows both you and your lawyer to focus on the real issues and not on who to minimize/maximize the bill.
Howard Mackinnon has sinced written about articles on various topics from After Divorce. Howard is an seasoned Canadian divorce lawyer who has designed and operates an Internet-based do-it-yourself website. Howard encourages you to visit his site and. Howard Mackinnon's top article generates over 2900 views. to your Favourites.