BC Child Support for Disabled Children?

When a child is disabled, the cost of caring for the child’s special needs — including appropriate medical care — may be significantly higher than if the child is healthy.  The child may also need continued support beyond the point where he or she would normally become a self-sufficient adult. These factors can affect the amount of BC child support that must be paid, as well as the length of time BC child support is to be provided.

Because there are varying degrees of disability and a wide variety of factors impacting the cost of care for a disabled child, determining an appropriate amount of BC child support can be complicated. Vancouver child support lawyers can offer assistance and help parents ensure that they fight for a fair award to provide appropriately for their disabled child.

What Impact Does Disability Have on BC Child Support and Spousal Support Obligations?

BC Child Support

When an initial child support order is entered under 15.2 of the Divorce Act or under other applicable laws, the purpose of the support order is to apportion the financial obligation of caring for a child between the child’s two parents. If a child is disabled, there are more significant expenditures necessary in most cases, and parents should share the cost.  This could mean larger child support payments are required of the parent who does not have custody of the disabled child.

In addition to affecting the amount of support due, disability can also have a substantial impact on how long child support payments will be required. Typically, a parent responsible for paying child support will pay until the child turns 19.  However, if a child is disabled and still considered dependent, child support may be required for as long as the child remains dependent.

Spousal Support

Not only can having a disabled child increase the amount of child support which is due, but spousal support can also be affected as well.  A diagnosis of a disabling condition in a child can change the earning potential of the parent who is caring for the child.  A spouse who is caring for a disabled child may not be expected to become self-sufficient as quickly or he or she may never be expected to become fully self-sufficient, depending upon the extent of the child’s needs.  The amount of spousal support ordered will thus be adjusted upward in many cases to appropriately provide for as spouse who is caring for a disabled child.

If a spousal support order is entered and the child’s diagnosis affects the BC spousal support owed, periodic reviews of spousal and child support may be ordered to make sure the appropriate amount of money is still being provided.

Seek Help From a Skilled BC Child and Spousal Support Lawyer Today

Vancouver child and spousal support family lawyers understand the ins-and-outs of how the rules apply when child support must be paid and what amounts will be required. If you have concerns about what you will be asked to pay or are worried about making sure your disabled child has the best quality of care, your family lawyer can help to put your mind at ease. An experienced lawyer can also provide invaluable assistance if anyone needs to petition for a modification of a support order because a child’s disability status has changed.  Call us at 604-974-9529 or email [email protected] to learn more.