It isnt about the money: the real reasons behind child support
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Child Support in a Nutshell
Check order status Dashboard Sign out. Incomplete information may result in your request being delayed. DCSS wants to ensure that your client is the obligor named on the abstract and that our department issued the abstract or lien. Every county in the State has a child support agency and each agency files its own abstracts or liens. Although we are in the business of collecting child support we want to make sure the money we collect is actually owed on one of our cases.
Abstracts and support liens do not attach to a particular piece of property so it is important to perform name searches on the parties involved in the transaction. If the Title Company waits until the end of a transaction to do this they may experience a delay. The following best practices may help avoid delays at the close of escrow:. We understand the urgency and will work diligently to provide a response to your demand request.
The title company will request a "demand" from the creditor DCSS will be the creditor that recorded the judgment lien or abstract lien. DCSS will prepare a statement of how much is owed on the judgment. In the case of an on-going child support order, if the debtor is behind in his or her payments the demand will be for the amount of the support arrearage.
If there is a delay in settling the demand it is important to understand that the amount owed may change, and an updated demand may be needed. These amounts are very specific, and can be difficult to calculate. Some of the amounts apply to people who earn income other than employment income. Do not assume that you understand what the amounts are just by reading the category they fall under. It is recommended that you get help from a lawyer, accountant or tax professional to calculate any Schedule III adjustments.
For additional help calculating income with Schedule III adjustments, click here. Usually the amount of child support will be determined by the current income of the payor.
This is why the court requires parties to file their last 3 years of income tax documents when dealing with support issues. This is called 'imputing' income. If the court imputes income to someone, this means that they can set the child support amount based on what the person should be earning - their imputed income - as opposed to what they actually are earning, or are claiming to be earning. The circumstances where the court may impute income include:.
If you think that your situation might require having a judge impute income to the other party, you should speak with a lawyer for advice. The court cannot search for evidence for you — you must figure out a way to show the court why the other party should have income imputed to them. Generally speaking, the tables apply to situations where the children live most of the time with one parent, and the other parent pays child support.
Exceptions to the tables can include situations where:. In some situations, you may be asked to apply for a child support order. For example, if you are collecting income assistance from Community Services, your worker may require that you make an application for child support from the other party. In most circumstances, though, you are not required to get a court order for child support.
You and the other parent can figure out how you will deal with child support and payments, but you should use the Guidelines and tables to determine how much will be paid.
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If you are paying or receiving child support that is not outlined in a court order and therefore is not going through the Maintenance Enforcement Program you may want to use receipts between the two of you when child support is paid. You should keep these receipts in case you and the other parent have a disagreement about child support later on. If you want to have your child support payments enforced through the Maintenance Enforcement Program , you must have a court order or registered separation agreement to do this.
You cannot go through the Maintenance Enforcement Program on your own, without an order or court-registered agreement. Click here to learn how to make a court application for child support. The Child Support Guidelines are law, and should be followed when determining child support, whether or not you are applying to the court to deal with this issue. If you make an application to the court for child support, or are dealing with child support as part of a divorce, a judge has to use the Guidelines and tables to determine child support, regardless of what you and other parent decide.
Ultimately, though, the amount of child support is still up to the judge to decide. Under the Divorce Act , a person may be ordered to pay child support if they are found to stand in the place of a parent. If this is your situation, you should speak with a lawyer.
This means that a person who acted as a parent toward a child, or acted in place of a parent, may be ordered to pay child support for that child. Whether child support is ordered in these situations will depend on the circumstances of each case. This, however, does not apply to foster parents under the Children and Family Services Act. No — as of , the table amount of child support does not get claimed as income by the person receiving it, and it does not get claimed as a deduction for the person paying it. For example, you may claim your contribution to child-care or tuition costs when you file your taxes.
The Canada Revenue Agency has their own rules about who can claim these expenses — speak with a tax professional about what will work in your situation. If you had an order for child support before , and you apply to the court for a new order, your new order will automatically fall under the new rules.
Angela and Bob share custody of Mary and Susan. Angela earns more money than Bob.watch
With a set off, we first need to calculate what each parent would pay for a table amount of child support. In most set off situations, money is only paid by the higher income earner to the other parent, because the higher income earner pays the difference in the support amounts to the other parent. In this case, only Angela will be able to claim certain income tax benefits because of recent case law.
Sandy and Dale share custody of Joey and Carly. Sandy earns more money than Dale. Because each parent is paying a child support amount, this allows both Sandy and Dale to claim certain income tax benefits. Court officers cannot provide legal, accounting, or income tax advice and cannot tell you what the income tax implications of your shared custody arrangement might be.
These claims can involve a lot of money so it is important that you know how these laws may affect you. Recently there has been case law about how income tax should be calculated in shared custody arrangements where set off child support payments are only paid by the higher income earner to the other parent.
Enforcing Child Support: FAQ's - FindLaw
You should get professional advice about the tax implications of your shared custody agreement or order. There is general information about tax issues available on the Canada Revenue Agency website. Getting advice about your situation is best to ensure that you are clear about what will happen in your situation.
Most child support orders have a clause in them that requires one or both parties to give their updated financial information to the other party every year usually by June 1 st. Neither the court nor the Maintenance Enforcement Program checks to see if this is done.