Child Support Payments to Increase May 1, 2006
First Time Since 1997 Federal Child Support Guidelines Have Been Amended
to Reflect Increased Cost of Living and Tax Rates
TORONTO, April 25 /CNW/ - Concerned that the federal government is not
doing enough to inform Canadians about the impending changes to the Federal
Child Support Guidelines, Family Lawyer Steve Benmor wants to get the word
out.
"The kids are the ones who may suffer if people are not aware of the
increase they are entitled to and therefore do nothing about it," explains
Benmor. "If, for example, the custodial parent is entitled to an additional
$200 more per month, this adds up to $2,400 per year, tax free. This could
make a tremendous difference in the life of a child."
In addition to changes in child support payment amounts, the amendments
also attempt to address the conflict surrounding what constitutes an
'extraordinary expense' and whether a spouse is entitled to receive payment.
Under the terms of the guidelines the expense must be necessary in relation to
the child's best interests and reasonable in relation to the means of the
spouses and those of the child and to the family's spending pattern before the
separation.
The change considers the expense and whether it exceeds what the spouse
can reasonably afford, taking into account her income and the amount that the
spouse would receive under the applicable table.
"The whole area of extraordinary expense has always been difficult to
argue and one that with the new language, in my opinion, is going to result in
more litigation," contends Benmor. "With the change, people will argue over
how much of the children's programs the custodial parent can cover on her
income given the table amount. The higher the income of the custodial parent,
the more difficult it will be to convince a judge that she cannot afford the
extra expenses on her income."
Anyone with a child support agreement or order in place is urged to
contact their Family Lawyer to find out more about the new guidelines and the
impact they may have on future support payments.
The guidelines can be found at
http://canadagazette.gc.ca/partII/20.../sor400-e.html
First Time Since 1997 Federal Child Support Guidelines Have Been Amended
to Reflect Increased Cost of Living and Tax Rates
TORONTO, April 25 /CNW/ - Concerned that the federal government is not
doing enough to inform Canadians about the impending changes to the Federal
Child Support Guidelines, Family Lawyer Steve Benmor wants to get the word
out.
"The kids are the ones who may suffer if people are not aware of the
increase they are entitled to and therefore do nothing about it," explains
Benmor. "If, for example, the custodial parent is entitled to an additional
$200 more per month, this adds up to $2,400 per year, tax free. This could
make a tremendous difference in the life of a child."
In addition to changes in child support payment amounts, the amendments
also attempt to address the conflict surrounding what constitutes an
'extraordinary expense' and whether a spouse is entitled to receive payment.
Under the terms of the guidelines the expense must be necessary in relation to
the child's best interests and reasonable in relation to the means of the
spouses and those of the child and to the family's spending pattern before the
separation.
The change considers the expense and whether it exceeds what the spouse
can reasonably afford, taking into account her income and the amount that the
spouse would receive under the applicable table.
"The whole area of extraordinary expense has always been difficult to
argue and one that with the new language, in my opinion, is going to result in
more litigation," contends Benmor. "With the change, people will argue over
how much of the children's programs the custodial parent can cover on her
income given the table amount. The higher the income of the custodial parent,
the more difficult it will be to convince a judge that she cannot afford the
extra expenses on her income."
Anyone with a child support agreement or order in place is urged to
contact their Family Lawyer to find out more about the new guidelines and the
impact they may have on future support payments.
The guidelines can be found at
http://canadagazette.gc.ca/partII/20.../sor400-e.html
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