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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}}
{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, QC], Boyd Arbitration Chambers|date= March 2021}} {{Dial-A-Law TOC|expanded = divorce}}
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.
Parents are legally responsible for financially supporting their children. This is true even if one parent doesn’t see or take care of the children. Learn about child support, how it’s calculated, and how to get it.
 
{| class="wikitable"
|align="left"|'''Alert!'''
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021.
|}


==What you should know==
==What you should know==


===Child support helps cover the costs of raising a child===  
===What child support is for===  
'''Child support''' is money paid by one parent to the other to help cover the expenses associated with raising the children.  
'''Child support''' is money paid by one parent or stepparent (the payor) to another (the recipient). It’s paid after separation to help cover the costs of raising the children. Child support is the right of '''the child''' — whether or not there’s an agreement or an order between the parents saying that child support must be paid.


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.
The parent with whom the child lives most of the time is entitled to receive child support from the other parent. If a child spends the same (or almost the same) amount of time with both parents, the parent with the higher income usually has 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.
===Who has to pay child support===
'''Parents''' have a legal duty to provide child support. This includes biological parents, stepparents, parents who have had a child through assisted reproduction, and adoptive parents. It also includes parents who are married to each other and parents who aren’t.


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.
====Surrogates and donors====
When a woman agrees to have a child for someone else using assisted reproduction, she is a '''surrogate mother'''. A person who helps someone have a child by donating eggs or sperm is a '''donor'''.  


===Who has to pay child support===  
Surrogate mothers and donors may or may not have to pay child support. The people involved in having the child can make an agreement that says a surrogate mother or a donor is or ''is not'' a parent. Surrogate mothers and donors who ''are'' parents may have 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.
 
====Stepparents====
In BC law, a '''stepparent''' is a spouse of a child’s parent who lives with the parent and the child. If a stepparent and a parent separate, the 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 stepparent and parent were married. 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''] if:


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.
* 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 support of the child.


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 even when another biological parent is already doing so. A stepparent may pay less child support than what the law would normally require. There’s no formula for this calculation. Often the court treats the stepparent’s obligation as a top-up to the amount owed by a child’s birth parent.


A '''stepparent''' can be required to pay child support. This can happen [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 under the ''Divorce Act''] if the couple was married and the stepparent had a parent-like relationship with the child. It can also happen [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec146_smooth under the ''Family Law Act''] where:
===How much child support is payable===
How much child support a parent pays is determined by the [http://canlii.ca/t/80mh Federal Child Support Guidelines]. The Guidelines have tables that set out the amount of support based on:


* the stepparent contributed to the support of the child for at least one year, and
* the payor’s income, 
* a claim for child support is made against the stepparent within one year of their last contribution.
* the province or territory where the payor lives, and  
* the number of children child support is being paid for.  


A stepparent can be obliged to pay child support even when the other biological parent is already paying child support.
There are some exceptions to the Guidelines tables, which we explain below.


===The amount of child support===
This basic child support amount is a contribution to the child’s basic expenses and  the cost of raising the child. This includes the child’s share of the rent or mortgage, phone bill, utility bills, cable bills, grocery costs, clothing, haircuts, basic school supplies, toiletries, and so forth.
The amount of child support is determined [https://www.canlii.org/en/ca/laws/regu/sor-97-175/latest/sor-97-175.html 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.


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
You can calculate the support amount under the Guidelines [https://www.justice.gc.ca/eng/fl-df/child-enfant/cst-orpe.html using the Child Support Table Look-up on the federal Department of Justice website].
You can calculate the basic child support amount under the Guidelines using the federal government’s [http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp Child Support Table Look-up].  
|}
|}


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.
===What “special or extraordinary” expenses are===
 
In some cases, ''all'' of a child’s parents may have to contribute to certain expenses on top of the basic amount of child support. Qualifying expenses are called '''special expenses''' or '''extraordinary expenses''' under the Guidelines. These can include:
===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
* child care expenses, so the parent who looks after the child can work or go to school in order to get work
Line 45: Line 54:
* some expenses for extracurricular activities like music, art lessons, or sports
* 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.
These types of expenses don’t automatically qualify as special expenses or extraordinary expenses. To qualify, the expenses have to be ''reasonable'' in light of the parents’ financial circumstances. They also have to be ''necessary'' in terms of the child’s particular needs. This means that piano lessons, for example, might qualify as a special or extraordinary expense for one family but not for another.
 
===How “special or extraordinary” expenses are calculated===
Parents share special expenses and extraordinary expenses in proportion to their incomes. They share the ''net cost'' of an expense. That is, they share the cost that’s left over ''after'' deducting any contributions made by the child, by the government (such as the federal tax deduction for child care expenses), or from another source (such as health insurance, a subsidy, or a bursary).
 
As a result, if both parents have the same income, they’d each pay for half of the cost of the special or extraordinary expense. If parents have different incomes, they pay an amount proportional to their share of the total income of both parents.
 
For example, say one parent has an income of $20,000 and another parent has an income of $30,000. Together, their incomes total $50,000. Of this total amount, the first parent’s income is 40%, and the second parent’s income is 60%. The first parent would pay for 40% of the net cost of the special or extraordinary expense, and the second parent would pay for the remaining 60%.


===How “special or extraordinary” expenses are paid===
===Parenting arrangements can affect child support===
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.
How much time a child lives with each parent can affect who pays child support and how much.


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.
====When parenting of a child is shared====
'''Shared parenting time''' means that a child lives with each parent at least 40% of the time over the course of a year. In cases like this, a parent may pay less child support than what’s set out in the Guidelines tables.  


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).
In a shared parenting time arrangement, child support is often calculated by figuring out what each parent would pay if the child lived with the other parent ''most of the time''. Then, the parents '''set off''' the two amounts and the higher income parent, with the higher child support obliation, will pay the difference as child support.


===If parents share the care of the child===
Say one parent would have to pay another parent $400 per month if the child lived mostly with the second parent, and the second parent would have to pay the first parent $300 per month if the child mostly lived with the first parent. Subtracting $300 from $400 leaves a set-off amount of $100. The first parent would pay child support to the second parent in the amount of $100 per month.
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.
However, there’s no rule that says the set-off calculation must be used. In cases where the set-off isn’t helpful, child support can also be calculated by looking at:


===If each parent has a child in their care===
* the higher costs of shared parenting to the payor, and
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.
* the financial needs of each parent and the child.


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.
====When each parent has a child in their care====
When each parent has ''one or more'' children living mostly in their care, this is called a '''split parenting time arrangement'''. In this case, each parent calculates the full amount of child support they’d pay to the other parent for the children in that parent’s care. The amount that changes hands is the difference between the higher and lower support amounts.  


===If the amount set by the Guidelines is too high or too low===
For example, say one parent would have to pay another parent $400 per month for the children in their care, while the second parent would have to pay the first parent $300 per month for the children in their care. Subtracting $300 from $400 leaves a set-off amount of $100. The first parent would pay child support to the second parent in the amount of $100 per month.
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.
===If the amount set by the Guidelines is too high or too low===
In some cases, a court can order that more or less child support be paid than what the Guidelines say. For this to happen, a parent must show that paying the Guidelines’ amount would cause '''undue hardship''' to either the payor or the recipient. Undue hardship means that paying the usual child support amount would be very unfair and cause a big financial problem for either the payor or the recipient.


===How to get child support===
When someone makes a claim of undue hardship, the court compares the standard of living of the parents’ households. (This includes the income from a new spouse or live-in boyfriend or girlfriend.) If the parent claiming undue hardship has a household standard of living that’s '''lower''' than the other parent, the court may accept a claim of undue hardship.
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.
 
Proving undue hardship is complicated, and it’s a good idea to speak with a lawyer.
 
===Other exceptions to the amount set by the Guidelines===
The court can order that more or less child support be paid than what the Guidelines say in other situations. These include when the child is '''the age of majority and older''', when the payor '''earns more than $150,000 per year''', and when the payor is a '''stepparent'''.
 
Dealing with these situations can be complicated, and it’s a good idea to speak with a lawyer.
 
==How to get child support==
===If you agree on support===
Child support can be agreed to in a '''separation agreement'''. [[Separation and Separation Agreements|Here, we explain separation agreements]].
 
===If you don’t agree on support===
If parents can’t agree on child support, one of them can contact a mediator, start a court case, or go to arbitration. They can ask the court or the arbitrator for an order that child support be paid.


====Which court to apply to====
====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, [[Family Court|see our information on Family Court]].
An application for a child support order can be made in either the Provincial Court (commonly called Family Court) or the Supreme Court. Each court has its own set of forms and rules. Usually, it’s simpler and less expensive to get a child support order in Family Court. (There are no court filing fees, for example.) For more on this option, [[Family Court (No. 110)|see our information on Family Court]].


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.
However, Family Court cannot make divorce orders, divide property or debts, or make orders protecting family property. If you need to ask for orders like these, it may be better to start your case in the Supreme Court. There, everything can be dealt with at the same time.


====Financial disclosure====
====There must be 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.
To get an order for child support, there must be '''financial disclosure'''. The payor must provide proof of their income, which usually includes paystubs, recent income tax returns, and other financial documents. In some cases, the recipient must also make financial disclosure. This is the case, for example, where the parents are sharing the cost of the children’s “special or extraordinary” expenses or where they share the child’s time.


===Getting interim child support===
{| class="wikitable"
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.
|align="left"|'''Tip'''
'''Family justice counsellors''' are mediators who are specially trained to help families with family law issues, including child support. They can help negotiate a separation agreement and provide information about obtaining or changing a court order. Their services are free (though eligibility criteria apply). See below under “Who can help” for contact information.
|}


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, [[Applying for an Interim Order in a Family Law Case in Supreme Court|see our information on applying for an interim order in a family law case in Supreme Court]].
===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 another interim order is made, or the case is settled or goes to trial. 
 
The amount of interim support a court awards may be different than the amount it decides on after a trial. This is because the best information about the parents’ incomes and financial circumstances is usually available at the end of a trial. For more on interim orders, [[Interim Applications in Family Matters|see our information on applying for an interim order in a family law case in Supreme Court]].


==Common questions==
==Common questions==


===How long is child support paid for?===  
===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.  
Child support must be paid for as long as a person is a “child” as defined by the ''Divorce Act'' or the ''Family Law Act''. In British Columbia, a child is '''under 19''' (the provincial age of majority). But the definition also includes adult children ('''19 and older''') if they’re financially dependent on a parent. For example, a student in post-secondary school or an adult child with serious health problems may continue to qualify as a child even though they are age 19 or older.


===Does a stepparent pay the same amount of child support as a parent?===
===What can I do if the other parent won’t pay child support?===
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.
If a parent doesn’t pay the child support owing under an order or an agreement, the '''Family Maintenance Enforcement Program''' can help. This free government program can help you collect support payments. It can also help monitor a support order or an agreement to make sure payments continue to be made and are made on time.
 
For more, [[Enforcing Support Orders and Agreements|see our information on enforcing support orders and agreements]].
 
===What if I need to change child support?===
Either parent can apply to have a child support order or agreement changed if circumstances change. This can happen where, for example, there’s an increase or decrease in a parent’s income, or a change in the child’s living arrangements.  
 
To make sure the appropriate child support amount is being paid, parents should exchange updated financial information and review child support payments every year. If there’s been a change, the Child Support Guidelines can be used to determine the new amount of child support.
 
Note that if you want to change an order and the other spouse lives ''outside'' of BC, there is a [https://family.legalaid.bc.ca/bc-legal-system/court-orders/when-more-one-province-or-country-involved/can-you-change-support-0 specific procedure] to follow under each of the BC ''Family Law Act'' and the federal ''Divorce Act''.
 
{| class="wikitable"
|align="left"|'''Tip'''
Legal Aid BC’s '''Family Law website''' has self-help guides that include step-by-step instructions and blank forms. You can use these guides to apply to change a child support order or a court-filed agreement in [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/supreme-court/change-0#0 Supreme Court] or [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/change-order-or-set-0 Family Court].
|}


===What if I’m on income assistance?===
===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 [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.
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. The ministry will help get a child support order or agreement. This can be enrolled with the Family Maintenance Enforcement Program for enforcement.


===Can a child support order cover the past?===
===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.
Child support orders can start at an earlier date than the date when an agreement is reached or a court order is made. These are called '''retroactive''' (backdated) orders. In general, the court will make a retroactive order when:


===What if circumstances change and child support needs to change?===
* a payor has a legal obligation to pay child support and didn’t do so, or
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.
* a payor’s income went up but child support payments did not.


===What can I do if child support isn’t paid?===
Usually an order for retroactive support will date back no more than three years before the date of the application for retroactive child support.
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, [[Enforcing Support Orders and Agreements|see our information on enforcing support orders and agreements]].


==Who can help==
==Who can help==


===With child support===
===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.
Family justice counsellors in Family Justice Centres throughout British Columbia can help parents by providing information about the Child Support Guidelines. They can explain how to obtain or change support orders in Provincial (Family) Court. They can also help negotiate parenting and support agreements. Their services are free.  


* Call 604-660-2421 (Lower Mainland), 250-387-6121 (Greater Victoria) or 1-800-663-7867 (toll-free)
* Call 604-660-2421 (Lower Mainland)
* Call 1-800-663-7867 (toll-free)
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice Visit website]
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice Visit website]


For more information about the Federal Child Support Guidelines, '''Child Support Officers''' are available in Vancouver, Surrey, Kelowna and Nanaimo.
To provide more information about the Federal Child Support Guidelines, '''child support officers''' are available in Vancouver, Surrey, Kelowna and Nanaimo.  


* Call 604-660-2084 or 604-501-3100 (Lower Mainland) or 1-800-578-8511 or 1-888-227-7734 (toll-free)
* Call 604-660-2084 (Vancouver)  
* Call 1-888-227-7734 (toll-free)
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/child-support Visit Website]


===More information===
===More information===
Legal Aid BC’s '''Family Law in BC website''' features information on child support and step-by-step guides on going to court in family matters.
Legal Aid BC’s '''Family Law website''' features information on child support and step-by-step guides on going to court in family matters.  


* [https://familylaw.lss.bc.ca/finances-support/child-spousal-support/child-support Visit website]
* [https://familylaw.lss.bc.ca/finances-support/child-spousal-support/child-support Visit website]
Elena Renderos
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