What is the current state of the law on child support?
British Columbia, Canada
The following excerpt is from Garman v Rahmanifar, 2018 BCSC 1876 (CanLII):
In the recent case of Bright v. Brown, 2018 BCSC 560 at para. 22, Kent J. set out certain fundamental principles of law of all child support which are relevant here: 1. a parent-child relationship is a fiduciary relationship of presumed dependency and the obligation of both parents to support the child arises at birth; 2. parents have a joint and ongoing legal obligation to support their children in a way that is commensurate to their income; 3. child support is the right of the child, not of the parent seeking support on the child's behalf; 4. support payments are based on earning capacity and not just on what a parent actually earns; 5. as a result, a parent has a legal obligation to earn as much as he or she is reasonably capable of earning so the children can receive an appropriate level of support; and 6. a parent does not fulfil his/her obligation to his/her children if (s)he does not increase child support payments when his/her income increases significantly.
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