Understanding Child Support in BC: Key Information for Parents

Navigating child support in British Columbia can feel overwhelming, especially during an already stressful separation or divorce. Whether you're wondering about your obligations as a paying parent or your rights as a receiving parent, this brief guide provides an overview of what you need to know about child support in BC.

Understanding Your Legal Obligation

Child support is not optional—it's the law. Under section 147(1) of the BC Family Law Act, all parents have a legal duty to financially support their children, regardless of whether they live with them or not. This responsibility doesn't end because of relationship difficulties, remarriage, or disagreements with your ex-partner.

Legislative Framework

·                  BC Family Law Act, SBC 2011, c. 25, Part 7 (Child and Spousal Support)

·                  Divorce Act, RSC 1985, c. 3 (2nd Supp)

·                  Federal Child Support Guidelines, SOR/97-175 under the Divorce Act

·                  Family Maintenance Enforcement Act, RSBC 1996, c. 127

Who Has to Pay Child Support in BC?

Section 147(1) of the Family Law Act states that child support obligations extend to:

Primary Obligation Holders:

·                  Biological parents of the child 

·                  Adoptive parents

·                  Guardians of the child (duty is secondary to parents under section 147(3) Family Law Act)

·                  Parents who have had a child through assisted reproduction

Secondary Obligation Holders:

·                  Stepparents who contributed to the child's support for at least one year (section 147(4) Family Law Act)

Their duty is secondary to that of the child’s parents and limited by factors such as:

·                  the standard of living the child had during the relationship, and

·                  how long the child lived with the stepparent.

In many cases, a stepparent’s support obligation functions as a “top-up” on top of the primary parents’ duty.

How Child Support is Calculated

Section 150(1) of the Family Law Act requires that child support amounts be determined according to the Federal Child Support Guidelines. In BC, both divorce and non-divorce cases use these same tables.

The calculation is based on three key factors:

·                  The paying parent's gross annual income

·                  The number of children requiring support

·                  The province where the paying parent lives

Use the federal government's Child Support Table Look-up tool for instant calculations at https://justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx

Two Types of Support

1.                      Basic (Table) Support: Covers everyday costs, including housing, food, clothing, utilities, transportation, and school basics.

2.                      Special or Extraordinary Expenses (Section 7 Expenses): Beyond basic support, section 7 of the Federal Child Support Guidelines allows courts to order parents to share additional costs. Under section 7(1), courts may provide for expenses taking into account "the necessity of the expense in relation to the child's best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family's spending pattern prior to the separation." This could include the following:

·        Childcare needed for work or school (s. 7(1)(a) Federal Child Support Guidelines)

·        Medical or health-related costs over $100/year not covered by insurance (s. 7(1)(b)–(c) Federal Child Support Guidelines)

·        Tuition, books, and post-secondary expenses (s. 7(1)(d)–(e) Federal Child Support Guidelines)

·        Extraordinary extracurricular activities, like competitive sports or advanced lessons (s. 7(1)(f) Federal Child Support Guidelines)

How Parenting Arrangements Affect Child Support

·                  Majority Parenting Time (60%+ with one parent)

o        The parent with whom the child lives most of the time receives support from the other parent using the standard table amounts.

·                  Shared Parenting Time (40%+ with each parent)

o        When children spend significant time with both parents, child support is calculated by:

§     Determining what each parent would pay if the child lived primarily with the other

§     Setting off the amounts (higher amount minus lower amount)

§     Considering increased costs of shared parenting

·                  Split Parenting Time

o        When you have multiple children and each parent has primary care of at least one child, you calculate support for each arrangement and set off the amounts.

Determining Income

Child support is based on gross income (before taxes) as defined in ss.15-20 of the Federal Child Support Guidelines. This includes:

·                  Employment income, bonuses, tips

·                  Self-employment or business income

·                  Rental or investment income

·                  Pensions, EI, or workers’ compensation

For self-employed parents: Courts often adjust reported income to reflect actual earnings (s.19 Federal Child Support Guidelines). Personal expenses claimed as “business” deductions may be added back.

For high-income parents (over $150,000 annually): Support is calculated using table amounts for the first $150,000, plus either a percentage or a negotiated amount based on the child’s needs (s.4 Federal Child Support Guidelines).

Adjustments and Exceptions

·                  Undue Hardship (s.10 Federal Child Support Guidelines): Support may be lowered if paying the guideline amount would cause severe financial strain (e.g., high debts, travel costs for parenting time, supporting other dependents). Courts apply a strict test and compare both households’ standards of living.

·                  Adult Children: Support can extend beyond age 19 if the child is in full-time school, disabled, or otherwise financially dependent (s. 2 Federal Child Support Guidelines; s.147 Family Law Act).

How to Establish or Change Support

·                  Agreements (s.148 Family Law Act): Parents can agree on support terms, but courts may intervene if the amount is far below the guidelines.

·                  Court Orders (s.149 Family Law Act): Provincial Court handles straightforward cases (no divorce/property division), while Supreme Court deals with divorces and complex financial matters.

·                  Annual Disclosure (s. 25 Federal Child Support Guidelines): If there is a court order for child support, parents must exchange updated income information every year (tax returns, pay stubs, etc.).

·                  Recalculation Service (ss. 154-155 Family Law Act): A free provincial program offered at certain locations that can automatically update support amounts when income changes, without needing court.

·                  Changing Orders (s. 152 Family Law Act): Support can be varied if income, parenting time, a parent’s circumstances, or the child’s needs change.

Enforcement

The Family Maintenance Enforcement Act provides ways to address support needs if support isn’t paid, including:

·                  Wage garnishment and bank seizures

·                  License or passport suspensions

·                  Liens on property

·                  Credit reporting

Importantly, child support and parenting time are separate legal issues. A parent cannot withhold support because of denied access, and vice versa.

Child support is designed to protect children’s well-being and maintain their standard of living after separation. While the rules can feel complex, at Mountain Peak Law, our family lawyers have extensive experience handling child support cases. We combine legal expertise with compassionate advocacy to help you navigate child support matters smoothly and effectively.

If you are dealing with child support issues, we are here to help. Reach out to our experienced team to talk about whether our services could be the right path for you.