Online Divorce Assistant
Online Divorce Assistant
Some divorces are more complicated than others, and not everyone should use this online tool. So let's start by asking you a few questions to make sure that this website is right for your situation.
Legally, the court is only concerned with children of the marriage . If you had children with your spouse, but the children are over the age of majority (19 in B.C.) and independent, they are no longer considered ‘children of the marriage’ under the Divorce Act, and you do not need to include their information in your divorce documents. Or, if you wish, you can name them in your documents, and indicate that they are 19 or over and independent, and no longer requiring support.
You’re a step-parent and may be responsible to pay child support if:
A step-parent does not automatically become a guardian. You may apply for guardianship of your step-children after you separate.
You may have to pay child support for step-children if:
A step-parent’s responsibility to pay child support comes after the child’s parents’ or other guardians’ responsibility. When deciding if a step-parent should pay child support, the court will consider:
As an adoptive parent, you have the same responsibilities as any other parent for child support. You can also apply to share parenting responsibilities and parenting time if you separate. After a child is adopted, the parents who placed the child for adoption have no legal rights or responsibilities for that child.
Financially supporting means that you are paying for the basic expenses (food, clothing, housing, etc.) for the child(ren).
Please check all that apply.
If you have a child support agreement, you can change it at any time if both of you agree.
If the other party doesn’t agree with a change you want to make, you can apply to court to set aside all or part of the agreement. The court would then replace it with a court order. The court may set aside your agreement if it’s different from what the court would have ordered under the law.
If you have a court order, either party can apply to lower or raise child support payments if there’s a change in circumstances, such as:
The court can also change the order if:
If you have taken over responsibility for the daily care of a child from the other parent or guardian, you can apply to change the child support order or agreement so the other parent or guardian pays you child support.
For example: you should select 'Yes' if your child lives with an Aunt, Uncle or Grandparent.
Louis and Jocelyn have four children:
Louis and Jocelyn are divorcing. They have established that the Federal Guidelines apply to their situation. They now need to determine which of their children are “children of the marriage” —that is, which ones are dependent and need their financial support.
Tom and Sam are both under the age of majority and are still dependent. Louis and Jocelyn have an obligation to support them.
Theo is married and working full-time. He is independent and is not entitled to support.
Camille is pursuing post-secondary education full-time in another province. She lives on campus, and both Louis and Jocelyn have been paying her tuition and living expenses. Louis and Jocelyn agree that she still depends on them and that they will continue to support her financially after the divorce until she graduates.
Example Scenario from: Federal Child Support Guidelines, Department of Justice (3)