Difference between revisions of "Child Support (No. 117)"

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{{REVIEWEDPLS | reviewer = [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= May 2017}} {{Dial-A-Law TOC|expanded = divorce}}
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Parents have a legal duty to support their children, even if one parent doesn’t see or take care of the children. Learn about '''child support''' and how to get it.
  
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==What is child support?==
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==Understand the legal framework==
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Child support is money paid by a parent, or a stepparent, to the other parent for the financial benefit of the children. Child support is paid when the relationship between the parents has ended. Normally, the parent who has the child for the least amount of time pays support to the parent who has the child for the most amount of time.
 
  
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==Why is child support paid?==
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===Child support helps cover the costs of raising a child===  
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All children have the right to receive financial and emotional support from their parents. The parent who has the child for the most amount of time supports the child in many different ways, including financially. The parent who has the child for the least amount of time pays child support to the other parent to help make sure that the child’s needs are met when they are in the other parent’s care.
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'''Child support''' is money paid by one parent to the other to help cover the expenses associated with raising the children.  
  
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Payments of child support can be required because of a written agreement between the parents, such as a separation agreement, a child support agreement or a parenting agreement, because of the award of an arbitrator or because of a court order.
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Child support is paid when the relationship between the parents has ended. The parent who the child lives with most of the time is entitled to child support from the other parent. If a child spends equal (or almost equal) time with both parents, the parent with the higher income will usually have to pay child support.
  
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It is important to know that after parents separate, child support is owing, whether there is an agreement or order in place or not.
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Payments of child support can be set out in a written agreement between the parents or in an order made by a court.
  
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==Who has to pay child support?==
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It is important to know that after parents separate, child support is the legal right of the child, whether or not there is an agreement or a court order in place.
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Biological parents, parents who have had a child through assisted reproduction and adoptive parents are obliged to pay child support, including unmarried parents and married parents.
 
  
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When a child was conceived with assisted reproduction, a surrogate mother can be a parent obliged to pay child support unless the people who wanted to have the child have an agreement with the mother that says otherwise. A donor of egg or sperm is not a parent who is required to pay child support unless the people who wanted to have the child have an agreement with the donor that says otherwise.
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===Who has to pay child support===
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'''Parents''' are under a legal duty to provide child support. This includes biological parents, parents who have had a child through assisted reproduction, and adoptive parents. It includes unmarried parents and married parents.
  
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Someone who is the spouse of a parent is a stepparent and can be required to pay child support to the parent. This can happen under the ''Divorce Act'' if the couple were married and the stepparent had a parent-like relationship with the child. Under the ''Family Law Act'', married spouses and unmarried spouses can be obliged to pay child support to the parent as long as: the stepparent contributed to the support of the child for at least one year; the application is brought within one year of the stepparent’s last contribution to the support of the child; and the stepparent and parent have separated. Stepparents can be obliged to pay child support even when the other biological parent is already paying child support.
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When a child was conceived with assisted reproduction, a '''surrogate mother''' can be a parent obliged to pay child support unless the people who wanted to have the child have an agreement with the surrogate mother that says otherwise.  
  
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==How do you get child support?==
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A '''donor''' of egg or sperm is not a parent who is required to pay child support unless the people who wanted to have the child have an agreement with the donor that says otherwise.
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Child support can be agreed to in a separation agreement. If you can’t agree, you can ask the court for an order that child support be paid by starting a court case.
 
  
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If you are receiving income assistance, you will have given your right to apply to court for child support to the Family Maintenance Program, and the program will decide whether to make an application for child support with no input from you. Child support will be paid to the program while you are receiving income assistance. You may be entitled to some of the support that is paid; speak to your case worker for more information.
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A '''stepparent''' can be required to pay child support. This can happen under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html#sec15.1subsec1_smooth Divorce Act]'' if the couple was married and the stepparent had a parent-like relationship with the child. It can also happen under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec146_smooth Family Law Act]'' where:
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*the stepparent contributed to the support of the child for at least one year, and
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*a claim for child support is made against the stepparent within one year of their last contribution.
  
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==Which court do you apply to?==
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A stepparent can be obliged to pay child support even when the other biological parent is already paying child support.
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If you need to apply for a child support order, you can apply to either the Family Court or the Supreme Court. Each court has its own set of forms and rules. Usually, it’s simpler and less expensive to obtain a child support order in Family Court. However, Family Court cannot deal with claims for divorce, the division of property or debt, the protection of property or claims under the ''Divorce Act''. If you may need to ask for orders like these, it may be better to proceed in Supreme Court, where everything can be dealt with in one court case.
 
  
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==How is the amount of child support calculated?==
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===The amount of child support===  
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The amount of child support payable is determined by the Child Support Guidelines. For most people, the Guidelines specify the amount of support based on the paying parent’s income and the number of children support is being paid for. The exceptions to this general approach are discussed below.
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The amount of child support is determined under a law called the [http://canlii.ca/t/80mh Federal Child Support Guidelines]. The Guidelines specify the amount of support based on the paying parent’s income, the province or territory of residence, and the number of children child support is being paid for. There are some exceptions to this general approach, which we explain below.  
  
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You can find the [http://laws.justice.gc.ca/eng/regulations/SOR-97-175/index.html Child Support Guidelines] and calculate the support amount using [http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp Child Support Online Look-up] on the federal Department of Justice website at [http://www.canada.justice.gc.ca www.canada.justice.gc.ca]. Select “Programs and Initiatives”, click on “Child Support” link, and then select “Federal Child Support Amounts” under “Resources”.
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{| class="wikitable"
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|align="left"|'''Tip'''
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You can calculate the support amount under the Guidelines using the [http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp Child Support Table Look-up] on the federal Department of Justice website at [https://www.justice.gc.ca/eng/fl-df/child-enfant/index.html justice.gc.ca].
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|}
  
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==What costs does child support cover?==
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This basic child support amount is a contribution to the child’s basic expenses and to the cost of raising the child. This includes the child’s share of the rent or mortgage, phone bill, utility bills, cable bill, grocery costs, clothing, haircuts, basic school supplies, toiletries, and so forth.
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The basic child support amount is a contribution to all of the children’s basic expenses and to the cost of raising the children, including: the children’s share of the rent or mortgage, phone bill, electricity bill, cable bill and grocery costs; new clothing and new shoes; haircuts, school supplies and toiletries, and so forth.
 
  
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==What are “special or extraordinary” expenses?==
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===Where there are “special or extraordinary” expenses===
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In some cases, both parents can be obliged to contribute to certain of the child’s expenses on top of the basic amount of child support. There are four types of expenses that may qualify as special or extraordinary expenses:  
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In some cases, both parents may be obliged to contribute to certain expenses for the child on top of the basic amount of child support. These are four types of expenses that normally qualify as '''special or extraordinary expenses''' (there can be others as well):
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*child care expenses, so the parent who looks after the child can work or go to school in order to get work
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*medical or health-related expenses for the child, including the cost of medical insurance
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*some educational expenses, including post-secondary education or private school fees
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*some expenses for extracurricular activities like music, art lessons, or sports
  
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*child care expenses, often so the parent who looks after the child can work or go to school in order to get work;
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These types of expenses don’t automatically qualify as “special or extraordinary” expenses. To qualify, the expenses have to be reasonable in light of the parents’ financial circumstances and the child’s needs. As a result, piano lessons might qualify as a special or extraordinary expense for one family but not for another.
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*medical or health related expenses for the child, including the cost of medical insurance;
 
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*some educational expenses, including for post-secondary education or private school fees; and
 
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*some expenses for extracurricular activities like music or art lessons, or sports.
 
  
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These types of expenses don’t automatically qualify as “special or extraordinary” expenses. To qualify, the expenses have to be reasonable in light of the parents’ financial circumstances and the children’s needs. As a result, piano lessons might qualify as a special or extraordinary expense for one family but not for another.
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===How “special or extraordinary” expenses are paid===
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If an expense qualifies as a “special or extraordinary” expense, both parents must contribute to the cost of the expense in proportion to their incomes.
  
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==How are “special or extraordinary” expenses paid?==
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If both parents have the same income, they would each pay for one-half of the cost of the expense. If parents have different incomes, they pay in the proportion of their individual incomes to the total income of both parents. For example, say a father has an income of $20,000 and a mother has an income of $30,000. Together, their incomes total $50,000. Of this total amount, the father’s income is 40%, and the mother’s is 60%. So the father would pay for 40% of the cost of a qualifying special or extraordinary expense and the mother would pay for 60% of the cost.
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When an expense qualifies as a “special or extraordinary” expense, both parents must contribute to the cost of the expense in proportion to their incomes.
 
  
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If both parents have the same income, they would each pay for one-half of the cost of the expense. If parents have different incomes, they pay in the proportion of their individual incomes to the total income of both parents. For example, say a father has an income of $20,000 and a mother has an income of $30,000. Together, their incomes total $50,000. Of this total amount, the father earns $20,000 or 40%, and the mother earns $30,000 or 60%. The father would pay for 40% of the cost of a qualifying special or extraordinary expense and the mother would pay for the remaining 60% of the cost.
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The cost of special expenses that parents share is the cost left over after any tax benefits or subsidies are taken into account (such as the federal tax deduction available for child care expenses).  
  
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The cost of special expenses that parents share is the cost left over after any tax benefits or subsidies, like the federal tax deduction available for child care expenses, are taken into account.
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===If parents share the care of the child===
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If the parent paying child support looks after the child for at least 40% of the time over the course of a year, this is called “'''shared custody'''”. In this case, the parent may be able to pay a lower amount of child support than what the Federal Child Support Guidelines normally require.  
  
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==What if parents share the care of the children?==
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In a shared custody arrangement, each parent pays child support to the other, as the child lives with each parent equally or close to equal time. In cases like these, a court will look at each parent’s income, household financial circumstances, and the financial needs of the child to determine the appropriate child support amount payable by the parent with greater income.
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If the parent paying child support looks after the children for at least 40% of their time, a parenting arrangement called “shared custody”, the parent may be able to pay a smaller amount of support than what the Child Support Guidelines normally require. In cases like this, the parents should take a careful look at their financial circumstances and the financial needs of the children.
 
  
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Where parents have shared custody, the court can make an order that child support be paid in a lower amount than the Guidelines require or the parents can reach an agreement that a lower amount will be paid.
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===If each parent has a child in their care===
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When each parent has one or more children in their care, this is called “'''split custody'''”. In this case, each parent is supposed to pay the full amount of child support to the other parent for the child in that parent’s care. The amount that changes hands is the difference between the higher amount and the lower amount.
  
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==What if each parent has a child in their care?==
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For example, say a father would have to pay a mother $400 per month for the child in her care, and the mother would have to pay the father $250 per month for the child in his care. The father would pay the mother $150: the difference between what he owes her and what she owes him.
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If one or more children live with each parent, called “split custody”, each parent is supposed to pay the full Guidelines amount of child support to the other parent for the children in that parent’s care. The amount that changes hands is the difference between the higher amount and the lower amount.
 
  
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For example, say that a father would have to pay a mother $400 per month for the children in her care, and the mother would have to pay the father $250 per month for the children in his care. The father would pay the mother $150, the difference between what he owes her and what she owes him.
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===If the amount set by the Guidelines is too high or too low===
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In certain circumstances, a court can order that more or less child support be paid than what the Federal Child Support Guidelines require. For this to happen, a parent must show the payments required by the Guidelines would cause “'''undue hardship'''”. Undue hardship means the required payments would be very unfair and cause a very significant financial problem for either the parent receiving support or the parent paying it.
  
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Where parents have split custody, the court can make an order that child support be paid in a lower amount than the Guidelines require or the parents can reach an agreement that a lower amount be paid.
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When a claim of undue hardship is made, the court will look at the standard of living of each parent’s household, including the income from a new spouse or live-in boyfriend or girlfriend, and compare each household’s standard of living against the other. Proving undue hardship is complicated, and it is advisable to speak with a lawyer.
  
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==What if the person paying child support is a stepparent?==
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===How to get child support===
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If the paying parent is a stepparent, he or she may pay less child support than what the Child Support Guidelines would normally be required. There is no formula to do this calculation; often the court treats the stepparent’s obligation as a top up to the amount that should be paid by the child’s other parent.
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Child support can be agreed to in a '''separation agreement'''. If parents cannot agree, one of them can start a court case and ask the court for an order that child support be paid.
  
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In determining the amount of support paid by stepparents under the ''Family Law Act'', the court can consider:
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====Which court to apply to====
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An application for a child support order can be made to either the British Columbia Provincial Court (in Family Court) or the Supreme Court. Each court has its own set of forms and rules. Usually, it’s simpler and less expensive to obtain a child support order in Family Court. For more on this option, see our information on [[Family Court (No. 110)|Family Court (no. 110)]].
  
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*the length of time the child and stepparent lived together; and
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However, Family Court cannot grant a divorce order, divide property or debts, or make orders about family property. If the parties are asking for orders like these, it may be better to proceed in Supreme Court, where everything can be dealt with in one court case.
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*the child’s standard of living when he or she lived with the stepparent.
 
  
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==What if the amount set by the Child Support Guidelines is too high or too low?==
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====Financial disclosure====
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In certain other circumstances the court can order that more or less child support be paid than what the Child Support Guidelines require. For this to happen, a parent must show that the payments required by the Guidelines would cause “undue hardship”. Undue hardship means that the required payments would be ''very'' unfair and cause a very significant financial problem for either the parent receiving support or the parent paying it.
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To obtain an order for child support, financial disclosure must be made. The paying parent must provide proof of their income, which usually includes paystubs, recent income tax returns, and other financial documents. In some cases, such as where the parents are sharing “special or extraordinary” expenses or share the child’s time, the receiving parent will also be required to make financial disclosure.
  
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When a claim of undue hardship is made, the court will look at the standard of living of each parent’s household, including the income from a new spouse or live-in boyfriend or girlfriend, and compare each household’s standard of living against the other. Proving undue hardship is complicated, and you should speak with a lawyer.
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===Getting “interim” child support===
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After a court case is started, a parent can apply to court for an '''interim order''' for child support. This is a temporary order meant to last until the case is settled or goes to trial, and can usually be obtained relatively quickly.
  
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==Do you have to disclose your financial circumstances?==
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The amount of interim support a court awards may be different than it decides after a trial, when the best information about the parents’ incomes and financial circumstances is usually available. For more on interim orders, see our information on [[Applying for an Interim Order in a Family Law Case in Supreme Court (No. 112)|applying for an interim order in a family law case in Supreme Court (no. 112)]].
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To obtain an order for child support, financial disclosure must be made. The paying parent must provide proof of his or her income, which usually includes paystubs, recent income tax returns and other financial documents. In some cases, such as where the parents are paying for “special or extraordinary” expenses or share the children’s time, the receiving parent will also be required to make financial disclosure.
 
  
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==What is an “interim” child support order?==
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==Common questions==
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After a court case is started, a parent can apply to court for an interim order for child support. The amount of the payments the court requires may be different than it requires after a trial when the best information about the parents’ incomes is usually available. Interim orders are meant to last until the claim is settled or goes to trial, and can usually be obtained relatively quickly. Interim orders remain in effect until they are either changed by another interim order or a final order is made at the end of the court case. 
 
  
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==How long is child support paid for?==  
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===How long is child support paid for?===  
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Child support is paid for as long as the child continues to be a “child” as defined by the legislation. In BC, a child is someone under the age of 19, the provincial age of majority, or who is 19 or older but is financially dependent on a parent. For example, a college student or an adult child with serious health problems may continue to qualify as a child even though they are older than the age of majority.   
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Child support is paid for as long as the child continues to be a “child” as defined by the ''Divorce Act'' or the ''Family Law Act''. In British Columbia, a child is someone under the age of 19, the provincial age of majority, or who is 19 or older but is financially dependent on a parent. For example, a student taking post-secondary studies or an adult child with serious health problems may continue to qualify as a child even though they are over the age of 19.   
  
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==Can you get a child support order to cover the past?==
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===Does a stepparent pay the same amount of child support as a parent?===
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Child support orders can be made to start at an earlier date. These are called “retroactive” orders. In general, the court will make a retroactive order when there is an obligation to pay child support that wasn’t met, or an obligation to pay a higher amount of support than what was paid, but usually for no more than three years before the date of the application for retroactive child support.
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Not necessarily. If the person paying child support is a stepparent, they may pay less child support than what the Federal Child Support Guidelines would normally require. There is no formula to do this calculation; often the court treats the stepparent’s obligation as a top up to the amount that should be paid by the child’s birth parent.
  
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==What if circumstances change and child support needs to change?==
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===What if I’m on income assistance?===
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Either parent can apply to have an order or agreement about child support changed if there is a change in circumstances, such as an increase or decrease in someone’s income or a change in the children’s living arrangements. The law requires updated financial information to be exchanged each year if a parent, usually the parent receiving support, asks for or if there is a change of income. If there has been a change, the Child Support Guidelines should be consulted to determine what new amount of child support should be paid.
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If a parent is receiving income assistance, they can get help from the BC government with getting child support. The parent can [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services assign their rights to child support] to the Ministry of Social Development and Poverty Reduction and the Ministry will help get a child support order or agreement.
  
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==What can you do if child support isn’t paid?==
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===Can a child support order cover the past?===
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If a parent doesn’t pay the child support owing under an order or an agreement, the Family Maintenance Enforcement Program can help you. Program staff will help you collect support payments that are owed and monitor a support order to make sure payments continue to be made. For more information on this, refer to script [Enforcing Orders and Agreements for Support (Script 132)|132] on “Enforcing Orders and Agreements for Support”.
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Child support orders can be made to start at an earlier date than the date when an agreement is reached or a court order is made. These are called “'''retroactive'''” orders. In general, the court will make a retroactive order when there is an obligation to pay child support that was not met, or an obligation to pay a higher amount of support than what was paid, but usually for no more than three years before the date of the application for retroactive child support.
  
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==Where can you get help or more information?==
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===What if circumstances change and child support needs to change?===
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Either parent can apply to have an order or agreement about child support changed if there is a change in circumstances. Examples include where there is an increase or decrease in one parent’s income, or a change in the child’s living arrangements. To ensure the appropriate child support amount is being paid, parents should review child support payments annually by exchanging updated financial information. If there has been a change, the Federal Child Support Guidelines should be consulted to determine what new amount of child support should be paid.
  
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*Family Justice Counsellors in Family Justice Centres throughout BC can help you with understanding the Child Support Guidelines, preparing a separation agreement, and obtaining a support order in Family Court. Their services are free. Phone 604.660.2421 in the lower mainland, 250.387.6121 in Greater Victoria or toll-free 1.800.663.7867 elsewhere in BC, and ask to speak with a Family Justice Counsellor in the Family Justice Centre nearest you. Also see the Family Justice website at [http://www.justicebc.ca/en/fam/ www.justicebc.ca/en/fam/].
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===What can I do if child support isn’t paid?===
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*For more information about the Child Support Guidelines, a Child Support Office is available in Vancouver, Surrey, Kelowna and Nanaimo. The contact numbers are 604.660.2084 and 604.501.3100 in the lower mainland or toll-free 1.800.578.8511 and 1.888.227.7734.
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If a parent doesn’t pay the child support owing under an order or an agreement, the '''Family Maintenance Enforcement Program''' can help. This BC government  program can help you collect support payments that are owed and monitor a support order or an agreement to make sure payments continue to be made. For more details, see our information on [[Enforcing Support Orders and Agreements (No. 132)|enforcing support orders and agreements (no. 132)]].
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*See info about [http://www.justice.gc.ca/eng/fl-df/child-enfant/ Child Support] from the federal Department of Justice website at [http://www.canada.justice.gc.ca www.canada.justice.gc.ca]. Select “Programs and Initiatives” and then the “child support” link.
 
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*See the [[Child Support]] section of the wikibook ''JP Boyd on Family Law'', from Courthouse Libraries BC.
 
  
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==Get help==
  
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[updated October 2014]
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===With child support===
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Family justice counsellors in '''Family Justice Centres''' throughout British Columbia can help parents with understanding the Child Support Guidelines, preparing a separation agreement, and obtaining a support order in Provincial Court. Their services are free.
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:Telephone: 604-660-2421 in the Lower Mainland and 250-387-6121 in Greater Victoria
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:Toll-free: 1-800-663-7867
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:Web: [http://www.justicebc.ca/en/fam/ justicebc.ca/en/fam]
  
 +
For more information about the Federal Child Support Guidelines, '''Child Support Officers''' are available in Vancouver, Surrey, Kelowna and Nanaimo.
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:Telephone: 604-660-2084 and 604-501-3100 in the Lower Mainland
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:Toll-free: 1-800-578-8511 and 1-888-227-7734
  
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----
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===More information===
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----
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The Legal Services Society’s '''Family Law in BC website''' features information on child support and step-by-step guides on going to court in family matters.
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:Web: [https://familylaw.lss.bc.ca/legal_issues/supportChildBasics.php familylaw.lss.bc.ca]
  
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The wikibook '''''JP Boyd on Family Law''''', hosted by Courthouse Libraries BC, has indepth information on child support.
 +
:Web: [http://wiki.clicklaw.bc.ca/index.php?title=Child_Support wiki.clicklaw.bc.ca]
  
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Latest revision as of 22:24, 29 March 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Zahra H. Jimale, Jimale Law Corporation in May 2017.
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Parents have a legal duty to support their children, even if one parent doesn’t see or take care of the children. Learn about child support and how to get it.

Understand the legal framework

Child support helps cover the costs of raising a child

Child support is money paid by one parent to the other to help cover the expenses associated with raising the children.

Child support is paid when the relationship between the parents has ended. The parent who the child lives with most of the time is entitled to child support from the other parent. If a child spends equal (or almost equal) time with both parents, the parent with the higher income will usually have to pay child support.

Payments of child support can be set out in a written agreement between the parents or in an order made by a court.

It is important to know that after parents separate, child support is the legal right of the child, whether or not there is an agreement or a court order in place.

Who has to pay child support

Parents are under a legal duty to provide child support. This includes biological parents, parents who have had a child through assisted reproduction, and adoptive parents. It includes unmarried parents and married parents.

When a child was conceived with assisted reproduction, a surrogate mother can be a parent obliged to pay child support unless the people who wanted to have the child have an agreement with the surrogate mother that says otherwise.

A donor of egg or sperm is not a parent who is required to pay child support unless the people who wanted to have the child have an agreement with the donor that says otherwise.

A stepparent can be required to pay child support. This can happen under the Divorce Act if the couple was married and the stepparent had a parent-like relationship with the child. It can also happen under the Family Law Act where:

  • the stepparent contributed to the support of the child for at least one year, and
  • a claim for child support is made against the stepparent within one year of their last contribution.

A stepparent can be obliged to pay child support even when the other biological parent is already paying child support.

The amount of child support

The amount of child support is determined under a law called the Federal Child Support Guidelines. The Guidelines specify the amount of support based on the paying parent’s income, the province or territory of residence, and the number of children child support is being paid for. There are some exceptions to this general approach, which we explain below.

Tip

You can calculate the support amount under the Guidelines using the Child Support Table Look-up on the federal Department of Justice website at justice.gc.ca.

This basic child support amount is a contribution to the child’s basic expenses and to the cost of raising the child. This includes the child’s share of the rent or mortgage, phone bill, utility bills, cable bill, grocery costs, clothing, haircuts, basic school supplies, toiletries, and so forth.

Where there are “special or extraordinary” expenses

In some cases, both parents may be obliged to contribute to certain expenses for the child on top of the basic amount of child support. These are four types of expenses that normally qualify as special or extraordinary expenses (there can be others as well):

  • child care expenses, so the parent who looks after the child can work or go to school in order to get work
  • medical or health-related expenses for the child, including the cost of medical insurance
  • some educational expenses, including post-secondary education or private school fees
  • some expenses for extracurricular activities like music, art lessons, or sports

These types of expenses don’t automatically qualify as “special or extraordinary” expenses. To qualify, the expenses have to be reasonable in light of the parents’ financial circumstances and the child’s needs. As a result, piano lessons might qualify as a special or extraordinary expense for one family but not for another.

How “special or extraordinary” expenses are paid

If an expense qualifies as a “special or extraordinary” expense, both parents must contribute to the cost of the expense in proportion to their incomes.

If both parents have the same income, they would each pay for one-half of the cost of the expense. If parents have different incomes, they pay in the proportion of their individual incomes to the total income of both parents. For example, say a father has an income of $20,000 and a mother has an income of $30,000. Together, their incomes total $50,000. Of this total amount, the father’s income is 40%, and the mother’s is 60%. So the father would pay for 40% of the cost of a qualifying special or extraordinary expense and the mother would pay for 60% of the cost.

The cost of special expenses that parents share is the cost left over after any tax benefits or subsidies are taken into account (such as the federal tax deduction available for child care expenses).

If parents share the care of the child

If the parent paying child support looks after the child for at least 40% of the time over the course of a year, this is called “shared custody”. In this case, the parent may be able to pay a lower amount of child support than what the Federal Child Support Guidelines normally require.

In a shared custody arrangement, each parent pays child support to the other, as the child lives with each parent equally or close to equal time. In cases like these, a court will look at each parent’s income, household financial circumstances, and the financial needs of the child to determine the appropriate child support amount payable by the parent with greater income.

If each parent has a child in their care

When each parent has one or more children in their care, this is called “split custody”. In this case, each parent is supposed to pay the full amount of child support to the other parent for the child in that parent’s care. The amount that changes hands is the difference between the higher amount and the lower amount.

For example, say a father would have to pay a mother $400 per month for the child in her care, and the mother would have to pay the father $250 per month for the child in his care. The father would pay the mother $150: the difference between what he owes her and what she owes him.

If the amount set by the Guidelines is too high or too low

In certain circumstances, a court can order that more or less child support be paid than what the Federal Child Support Guidelines require. For this to happen, a parent must show the payments required by the Guidelines would cause “undue hardship”. Undue hardship means the required payments would be very unfair and cause a very significant financial problem for either the parent receiving support or the parent paying it.

When a claim of undue hardship is made, the court will look at the standard of living of each parent’s household, including the income from a new spouse or live-in boyfriend or girlfriend, and compare each household’s standard of living against the other. Proving undue hardship is complicated, and it is advisable to speak with a lawyer.

How to get child support

Child support can be agreed to in a separation agreement. If parents cannot agree, one of them can start a court case and ask the court for an order that child support be paid.

Which court to apply to

An application for a child support order can be made to either the British Columbia Provincial Court (in Family Court) or the Supreme Court. Each court has its own set of forms and rules. Usually, it’s simpler and less expensive to obtain a child support order in Family Court. For more on this option, see our information on Family Court (no. 110).

However, Family Court cannot grant a divorce order, divide property or debts, or make orders about family property. If the parties are asking for orders like these, it may be better to proceed in Supreme Court, where everything can be dealt with in one court case.

Financial disclosure

To obtain an order for child support, financial disclosure must be made. The paying parent must provide proof of their income, which usually includes paystubs, recent income tax returns, and other financial documents. In some cases, such as where the parents are sharing “special or extraordinary” expenses or share the child’s time, the receiving parent will also be required to make financial disclosure.

Getting “interim” child support

After a court case is started, a parent can apply to court for an interim order for child support. This is a temporary order meant to last until the case is settled or goes to trial, and can usually be obtained relatively quickly.

The amount of interim support a court awards may be different than it decides after a trial, when the best information about the parents’ incomes and financial circumstances is usually available. For more on interim orders, see our information on applying for an interim order in a family law case in Supreme Court (no. 112).

Common questions

How long is child support paid for?

Child support is paid for as long as the child continues to be a “child” as defined by the Divorce Act or the Family Law Act. In British Columbia, a child is someone under the age of 19, the provincial age of majority, or who is 19 or older but is financially dependent on a parent. For example, a student taking post-secondary studies or an adult child with serious health problems may continue to qualify as a child even though they are over the age of 19.

Does a stepparent pay the same amount of child support as a parent?

Not necessarily. If the person paying child support is a stepparent, they may pay less child support than what the Federal Child Support Guidelines would normally require. There is no formula to do this calculation; often the court treats the stepparent’s obligation as a top up to the amount that should be paid by the child’s birth parent.

What if I’m on income assistance?

If a parent is receiving income assistance, they can get help from the BC government with getting child support. The parent can assign their rights to child support to the Ministry of Social Development and Poverty Reduction and the Ministry will help get a child support order or agreement.

Can a child support order cover the past?

Child support orders can be made to start at an earlier date than the date when an agreement is reached or a court order is made. These are called “retroactive” orders. In general, the court will make a retroactive order when there is an obligation to pay child support that was not met, or an obligation to pay a higher amount of support than what was paid, but usually for no more than three years before the date of the application for retroactive child support.

What if circumstances change and child support needs to change?

Either parent can apply to have an order or agreement about child support changed if there is a change in circumstances. Examples include where there is an increase or decrease in one parent’s income, or a change in the child’s living arrangements. To ensure the appropriate child support amount is being paid, parents should review child support payments annually by exchanging updated financial information. If there has been a change, the Federal Child Support Guidelines should be consulted to determine what new amount of child support should be paid.

What can I do if child support isn’t paid?

If a parent doesn’t pay the child support owing under an order or an agreement, the Family Maintenance Enforcement Program can help. This BC government program can help you collect support payments that are owed and monitor a support order or an agreement to make sure payments continue to be made. For more details, see our information on enforcing support orders and agreements (no. 132).

Get help

With child support

Family justice counsellors in Family Justice Centres throughout British Columbia can help parents with understanding the Child Support Guidelines, preparing a separation agreement, and obtaining a support order in Provincial Court. Their services are free.

Telephone: 604-660-2421 in the Lower Mainland and 250-387-6121 in Greater Victoria
Toll-free: 1-800-663-7867
Web: justicebc.ca/en/fam

For more information about the Federal Child Support Guidelines, Child Support Officers are available in Vancouver, Surrey, Kelowna and Nanaimo.

Telephone: 604-660-2084 and 604-501-3100 in the Lower Mainland
Toll-free: 1-800-578-8511 and 1-888-227-7734

More information

The Legal Services Society’s Family Law in BC website features information on child support and step-by-step guides on going to court in family matters.

Web: familylaw.lss.bc.ca

The wikibook JP Boyd on Family Law, hosted by Courthouse Libraries BC, has indepth information on child support.

Web: wiki.clicklaw.bc.ca
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