Читать книгу Divorce Dollars - Akeela Davis - Страница 17

Even after divorce, both parents have a legal duty to support their children financially. Child support is money paid to the custodial parent for the care and benefit of the children. Every child is entitled to financial support, regardless of whether or not the parents were married.

Both the United States and Canada have laws aimed at protecting the living standards of children involved in separation and divorce.

In the United States, each state is required to have a Child Support Guideline. In some states, it is really only a guideline, and judges have a lot of room to deviate from that guideline. In other states, such as California, judges adhere fairly closely to the guideline. The actual amount of support depends on many factors and the state in which the parties live. For example, some states use net income to calculate the amount of support, while others use gross income. You will have to check with a state agency (see Appendix 2 for websites) or see a lawyer to find out the rules in your jurisdiction.

In Canada, the minimum amount payable is based on the Federal Child Support Guidelines. There are individual tables in the guidelines to reflect the different tax rates in each province. Federal tables will apply if no provincial guidelines exist. In Canada, the term “guideline” is somewhat of a misnomer, since it is more mandatory in nature than a guide. Judges may award higher support payments than indicated by the guideline, but only in extreme circumstances will they award less than the guideline amounts. The guideline is based on the payer’s income and the number of children involved. This amount is neither taxable to the receiver, nor deductible to the payer if the agreement or court order was made as of May 1, 1997.

If a child has special expenses (i.e., exceptional or extraordinary expenses, over and above child support), these costs are usually shared in proportion to the incomes of the parties involved in the divorce, or according to the terms of the divorce decree.