Child Support Guidelines - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-24T01:08:57Z

Clicklaw directory link edit

Nate Russell: From staging 2024

2024-01-15T22:02:51Z

From staging 2024

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	==Child support tables and calculators==		==Child support tables and calculators==

	The [http://laws-lois.justice.gc.ca/eng/regulations/SOR-97-175/page-11.html#h-15 simplified Child Support Guidelines Tables for British Columbia] are available from the website of the federal Department of Justice. The federal government has published an [http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp online child support calculator].		The [http://laws-lois.justice.gc.ca/eng/regulations/SOR-97-175/page-10.html#h-15 simplified Child Support Guidelines Tables for British Columbia] are available from the website of the federal Department of Justice. The federal government has published an [http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp online child support calculator].

	The provincial government also operates the BC Child Support Info Line that offers free information about child support and the child support tables. Contact the Info Line at:		The provincial government also operates the BC Child Support Info Line that offers free information about child support and the child support tables. Contact the Info Line at:
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	===Links===		===Links===

	* [http://laws-lois.justice.gc.ca/eng/regulations/SOR-97-175/page-11.html#h-15 Child Support Guidelines Tables for British Columbia]		* [http://laws-lois.justice.gc.ca/eng/regulations/SOR-97-175/page-10.html#h-15 Child Support Guidelines Tables for British Columbia]
	* [http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp Online Child Support Calculator]		* [http://www.clicklaw.bc.ca/resource/1175 Federal Department of Justice's Child Support Table Look-up]
	* [http://www.clicklaw.bc.ca/resource/1175 ~~BC Ministry~~ of ~~Attorney General~~'s ~~FMEP~~ Child Support ~~Calculator~~]
	* [http://www.clicklaw.bc.ca/resource/1235 Dial-A-Law Script "Child support"]		* [http://www.clicklaw.bc.ca/resource/1235 Dial-A-Law Script "Child support"]
	* [http://www.clicklaw.bc.ca/resource/1618 Legal Aid BC's Family Law website's information page "Child & spousal support"]		* [http://www.clicklaw.bc.ca/resource/1618 Legal Aid BC's Family Law website's information page "Child & spousal support"]

Nate Russell: From staging Aug 2022

2022-11-22T20:24:27Z

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2022-07-05T22:25:39Z

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Jpboyd: /* Orders for child support */

2021-03-06T21:18:25Z

Orders for child support

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	Disclosure of income by both parents is also required in shared and split custody cases.		Disclosure of income by both parents is also required in shared and split custody cases.

	It is a good idea to specify in a child support order whether the order is made under the ''Divorce Act'' or the ''Family Law Act'' as it could have an effect on a future variation application. For more information, see the case of [http://canlii.ca/t/fspd1 ''Yu v. Jordan''], 2012, BCCA 367.		It is a good idea to specify in a child support order whether the order is made under the ''Divorce Act'' or the ''Family Law Act'' as it could have an effect on a future variation application. For more information, see the case of [http://canlii.ca/t/fspd1 ''Yu v. Jordan''], 2012 BCCA 367.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			As a result of the changes to the ''Divorce Act'', the language used in the Child Support Guidelines has also changed. "Split custody" is now known as ''split parenting time'' and "shared custody" is now known as ''shared parenting time''.

	===Agreements for child support===		===Agreements for child support===

Jpboyd: /* Basic principles */

2021-03-06T21:17:51Z

Basic principles

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	Finally, the amount of support payable is based only on the payor's income, unless there is a shared or a split parenting arrangement, in which case both parents’ incomes are taken into account.		Finally, the amount of support payable is based only on the payor's income, unless there is a shared or a split parenting arrangement, in which case both parents’ incomes are taken into account.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			As a result of the changes to the ''Divorce Act'', the language used in the Child Support Guidelines has also changed. "Split custody" is now known as ''split parenting time'' and "shared custody" is now known as ''shared parenting time''.

	==Special expenses and extraordinary expenses==		==Special expenses and extraordinary expenses==

Jpboyd: /* Links */

2021-03-06T21:17:10Z

Links

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	{{REVIEWED \| reviewer = [[~~Bill Murphy-Dyson \| William Murphy-Dyson]] and [[Inga Phillips~~]], ~~June 14~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Jpboyd: /* Qualifying expenses as special expenses and extraordinary expenses */

2021-03-06T21:16:25Z

Qualifying expenses as special expenses and extraordinary expenses

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	Just because an expense appears to fall into one of the categories listed in section 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first to see if they will agree to share in the expense.		Just because an expense appears to fall into one of the categories listed in section 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first to see if they will agree to share in the expense.

	An expense that may not qualify as a special expense for higher-earning families may qualify as such for low-income families. For example, if guideline child support of $2,~~000.~~00 for one child is being paid, the $200~~.00~~ cost of soccer registration will probably not be considered a special expense (and will have to be paid from the $2,000 basic child support by the recipient parent), but that same $200~~.00~~ expense may be a special expense if only $500~~.00~~ per month Guideline support is being paid (and will therefore have to be shared between the parents).		An expense that may not qualify as a special expense for higher-earning families may qualify as such for low-income families. For example, if guideline child support of $2,000 for one child is being paid, the $200 cost of soccer registration will probably not be considered a special expense (and will have to be paid from the $2,000 basic child support by the recipient parent), but that same $200 expense may be a special expense if only $500 per month Guideline support is being paid (and will therefore have to be shared between the parents).

	According to section 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider:		According to section 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider:

	*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," 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," and
	#the necessity of the expense in relation to the child's best interests,		*the necessity of the expense in relation to the child's best interests,

	The court must bear in mind the special test for primary- and secondary-school education and extracurricular activities required by section 7(1.1). Here's a helpful summary from a 2010 case from our Supreme Court, ''[http://canlii.ca/t/2dpzr Piper v. Piper]'', 2010 BCSC 1718:		The court must bear in mind the special test for primary- and secondary-school education and extracurricular activities required by section 7(1.1). Here's a helpful summary from a 2010 case from our Supreme Court, ''[http://canlii.ca/t/2dpzr Piper v. Piper]'', 2010 BCSC 1718:

Jpboyd: /* Qualifying expenses as "special and/or extraordinary" */

2021-03-06T21:15:49Z

Qualifying expenses as "special and/or extraordinary"

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	If an expense is found to qualify as a special and/or extraordinary expense under the section 7(1) and section 7(1.1) definitions, the court may make an order that both parties pay additional amounts, in addition to the usual Guidelines basic amount of support, to cover all or a portion of the cost of the expense.		If an expense is found to qualify as a special and/or extraordinary expense under the section 7(1) and section 7(1.1) definitions, the court may make an order that both parties pay additional amounts, in addition to the usual Guidelines basic amount of support, to cover all or a portion of the cost of the expense.

	===Qualifying expenses as "special and~~/or~~ extraordinary"===		===Qualifying expenses as special expenses and extraordinary expenses===

	Just because an expense appears to fall into one of the categories listed in section 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first to see if they will agree to share in the expense.		Just because an expense appears to fall into one of the categories listed in section 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first to see if they will agree to share in the expense.

	An expense that may not qualify as a special expense for higher earning families may qualify as such for low income families. For example, if guideline child support of $2,000.00 for one child is being paid, the $200.00 cost of soccer registration will probably not be considered a special expense (and will have to be paid from the $2,000 basic child support by the recipient parent), but that same $200.00 expense may be a special expense if only $500.00 per month Guideline support is being paid (and will therefore have to be shared between the parents).		An expense that may not qualify as a special expense for higher-earning families may qualify as such for low-income families. For example, if guideline child support of $2,000.00 for one child is being paid, the $200.00 cost of soccer registration will probably not be considered a special expense (and will have to be paid from the $2,000 basic child support by the recipient parent), but that same $200.00 expense may be a special expense if only $500.00 per month Guideline support is being paid (and will therefore have to be shared between the parents).

	According to section 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider:		According to section 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider:

Jpboyd: /* Special and/or extraordinary expenses */

2021-03-06T21:15:19Z

Special and/or extraordinary expenses

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	Finally, the amount of support payable is based only on the payor's income, unless there is a shared or a split parenting arrangement, in which case both parents’ incomes are taken into account.		Finally, the amount of support payable is based only on the payor's income, unless there is a shared or a split parenting arrangement, in which case both parents’ incomes are taken into account.

	==Special and~~/or~~ extraordinary expenses==		==Special expenses and extraordinary expenses==

	The basic amount of child support a parent pays is presumed to cover a very wide scope of common day-to-day expenses associated with raising children: the child's share of lodging, utilities, shoes, groceries, diapers, clothes, toothpaste, school field trip fees, entertainment, haircuts, and so forth. The basic amount of support is not always presumed to include certain other kinds of expenses that are infrequent but expensive, such as the cost of daycare or orthodontic work. In addition to the basic amount of support payable, the parents may also be required to cover their respective portions of these other expenses, so long as they qualify as ''special and/or extraordinary expenses'' under the Guidelines.		The basic amount of child support a parent pays is presumed to cover a very wide scope of common day-to-day expenses associated with raising children: the child's share of lodging, utilities, shoes, groceries, diapers, clothes, toothpaste, school field trip fees, entertainment, haircuts, and so forth. The basic amount of support is not always presumed to include certain other kinds of expenses that are infrequent but expensive, such as the cost of daycare or orthodontic work. In addition to the basic amount of support payable, the parents may also be required to cover their respective portions of these other expenses, so long as they qualify as ''special and/or extraordinary expenses'' under the Guidelines.