Spousal and Child Support (3:X) - Revision history

LSLAP at 16:49, 10 November 2025

2025-11-10T16:49:18Z

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	{{REVIEWED LSLAP \| date= ~~June 23~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= November 8, 2025}}
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LSLAP at 16:38, 10 November 2025

2025-11-10T16:38:33Z

← Older revision		Revision as of 16:38, 10 November 2025
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	To find the nearest Centre, contact Service BC through a phone call (1-800-663-7867 or 604-660-2421) or text message (1-604-660-2421) between 7:30 a.m. and 5:00 p.m. PDT, Monday to Friday, and ask to be transferred or directed to a Family Justice Centre.		To find the nearest Centre, contact Service BC through a phone call (1-800-663-7867 or 604-660-2421) or text message (1-604-660-2421) between 7:30 a.m. and 5:00 p.m. PDT, Monday to Friday, and ask to be transferred or directed to a Family Justice Centre.



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LSLAP at 16:38, 10 November 2025

2025-11-10T16:38:24Z

← Older revision		Revision as of 16:38, 10 November 2025
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	This ''Act'', passed in 1988, gives the provincial government extensive powers to collect support arrears including:		This ''Act'', passed in 1988, gives the provincial government extensive powers to collect support arrears including:

	*A Notice of Attachment (s. 17);		*A Notice of Attachment (s 17);
	*12-month garnishing orders (s. 18);		*12-month garnishing orders (s 18);
	*Attachment Orders (s. 24); and		*Attachment Orders (s 24); and
	*Attachment of money owing by the Crown (s. 25) including Income Tax refunds and Employment Insurance benefits directly from the Federal Crown.		*Attachment of money owing by the Crown (s 25) including Income Tax refunds and Employment Insurance benefits directly from the Federal Crown.

	The BC Family Maintenance Agency can only enforce support orders if the payor is in its jurisdiction or sister jurisdictions that will assist in enforcing the order.		The BC Family Maintenance Agency can only enforce support orders if the payor is in its jurisdiction or sister jurisdictions that will assist in enforcing the order.
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	Support orders made under the ''DA'' may only be varied through the provisions of sections 17, 18, and 19. In this process, someone seeking to change a support order made in another Canadian jurisdiction must apply to the courts of BC for a provisional order. The provisional order is sent to the originating jurisdiction for a second hearing to confirm the order. Unless the order is confirmed, the provisional order has no effect.		Support orders made under the ''DA'' may only be varied through the provisions of sections 17, 18, and 19. In this process, someone seeking to change a support order made in another Canadian jurisdiction must apply to the courts of BC for a provisional order. The provisional order is sent to the originating jurisdiction for a second hearing to confirm the order. Unless the order is confirmed, the provisional order has no effect.

	As of March 1, 2021, sections 17, 18, and 19 of the ''DA'' were repealed or revised to include new language related to parenting, as well as new provisions for addressing variation, recission, and suspension of orders (s. 17), interjurisdictional proceedings (s. 18), and proceedings between a province and another designated jurisdiction (s. 19).		As of March 1, 2021, sections 17, 18, and 19 of the ''DA'' were repealed or revised to include new language related to parenting, as well as new provisions for addressing variation, recission, and suspension of orders (s 17), interjurisdictional proceedings (s 18), and proceedings between a province and another designated jurisdiction (s 19).

	=== 4. Agreements ===		=== 4. Agreements ===
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	Judges often base their decisions about spousal support on the Guidelines, and family lawyers often base their advice to clients on the Guidelines. It can be found at https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html.		Judges often base their decisions about spousal support on the Guidelines, and family lawyers often base their advice to clients on the Guidelines. It can be found at https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html.

	Spousal support orders may be varied where there have been changes in the needs, means, capacities and economic circumstances of each party (''DA'', s. 17(4.1), ''FLA'' s. 167). The Court may also reduce the amount of support to a spouse where it finds that the spouse or former spouse “is not making reasonable efforts” to become self-sufficient. Note that for a variation application to be successful the applicant must demonstrate that there has been a “material change in circumstances” which means circumstances that, if known at the time of the agreement or Order, would have resulted in a different outcome.		Spousal support orders may be varied where there have been changes in the needs, means, capacities and economic circumstances of each party (''DA'', s 17(4.1), ''FLA'' s 167). The Court may also reduce the amount of support to a spouse where it finds that the spouse or former spouse “is not making reasonable efforts” to become self-sufficient. Note that for a variation application to be successful the applicant must demonstrate that there has been a “material change in circumstances” which means circumstances that, if known at the time of the agreement or Order, would have resulted in a different outcome.

	A “User’s Guide” written by the County of Carleton Law Association can be found at https://canlii.ca/t/srtg.		A “User’s Guide” written by the County of Carleton Law Association can be found at https://canlii.ca/t/srtg.
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	==== a) Divorce Act [DA] ====		==== a) Divorce Act [DA] ====

	Section 15.2 of the ''DA'' creates an obligation to support a spouse who is entitled to support. However, s. 15.3(1) directs the Court to give priority to child support in any application for child and spousal support under the ''DA''. The entire gross income (Guideline income) is used to calculate child support and then any Net Disposable Income that remains (as calculated based on the incomes of both parties and taking into account taxes and other charges) is apportioned between the parties based on the length of marriage. It may be that the result of the payment of child support reduces the Net Disposable Income to very little and, in those cases, child support takes priority over the sharing of the NDI and there would be little to no spousal support payable.		Section 15.2 of the ''DA'' creates an obligation to support a spouse who is entitled to support. However, s 15.3(1) directs the Court to give priority to child support in any application for child and spousal support under the ''DA''. The entire gross income (Guideline income) is used to calculate child support and then any Net Disposable Income that remains (as calculated based on the incomes of both parties and taking into account taxes and other charges) is apportioned between the parties based on the length of marriage. It may be that the result of the payment of child support reduces the Net Disposable Income to very little and, in those cases, child support takes priority over the sharing of the NDI and there would be little to no spousal support payable.

	The limitation date for a spousal support application depends on your marital status and which Act you are applying under. Under the ''FLA'', married couples must apply within two years of receiving their final divorce order. There is no time limit under the ''DA'' for married couples. Unmarried couples must apply within two years of the date of separation.		The limitation date for a spousal support application depends on your marital status and which Act you are applying under. Under the ''FLA'', married couples must apply within two years of receiving their final divorce order. There is no time limit under the ''DA'' for married couples. Unmarried couples must apply within two years of the date of separation.
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	==== b) Family Law Act [FLA] ====		==== b) Family Law Act [FLA] ====

	The ''FLA'' aligns support considerations with the ''DA'', permits periodic reviews to allow for changing circumstances, and provides guidelines for when a deceased spouse’s estate is obligated to continue payments. Considerations for posthumous support payments include the size of the estate and the need of the payee (s. 171). Additionally, child support is to be prioritized over spousal support where a paying spouse has limited resources (s. 173). ''The Spousal Support Advisory Guidelines'' are not referred to in the Act and remain advisory, although Courts in British Columbia give them much deference.		The ''FLA'' aligns support considerations with the ''DA'', permits periodic reviews to allow for changing circumstances, and provides guidelines for when a deceased spouse’s estate is obligated to continue payments. Considerations for posthumous support payments include the size of the estate and the need of the payee (s 171). Additionally, child support is to be prioritized over spousal support where a paying spouse has limited resources (s 173). ''The Spousal Support Advisory Guidelines'' are not referred to in the Act and remain advisory, although Courts in British Columbia give them much deference.

	==== c) Spousal Support Advisory Guidelines ====		==== c) Spousal Support Advisory Guidelines ====

LSLAP: /* 2. Principles of Spousal Support */

2025-11-10T16:37:32Z

2. Principles of Spousal Support

← Older revision		Revision as of 16:37, 10 November 2025
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	There are three bases for entitlement to spousal support:		There are three bases for entitlement to spousal support:

	~~:(1)~~ Compensatory (to compensate one spouse who was economically disadvantaged as a result of the role that spouse took on during the relationship) (''[https://canlii.ca/t/1fs7v Moge v Moge]'', [1992] 3 S.C.R. 813);		#Compensatory (to compensate one spouse who was economically disadvantaged as a result of the role that spouse took on during the relationship) (''[https://canlii.ca/t/1fs7v Moge v Moge]'', [1992] 3 S.C.R. 813);
	~~:(2)~~ Non-compensatory (need based) (''[https://canlii.ca/t/dlq Bracklow v Bracklow]'', [1999] 1 S.C.R. 420); and		#Non-compensatory (need based) (''[https://canlii.ca/t/dlq Bracklow v Bracklow]'', [1999] 1 S.C.R. 420); and
	~~:(3)~~ Contractual (i.e. if there was a marriage or cohabitation agreement setting out terms for support) (''[https://canlii.ca/t/1g5lh Miglin v Miglin]'', 2003 SCC 24).		#Contractual (i.e. if there was a marriage or cohabitation agreement setting out terms for support) (''[https://canlii.ca/t/1g5lh Miglin v Miglin]'', 2003 SCC 24).

	Once a party has met the requirement of demonstrating entitlement, you move to the calculation of quantum. When determining quantum of support one factor to be considered is whether the needs of the recipient spouse have been met by the division of assets; however, if support is compensation based then even if the recipient receives significant assets that is not a basis to reduce support (see ''[https://canlii.ca/t/237r7 Chutter v Chutter]'', [2009] CarswellBC 1028 (BCCA)). Typically, the way this is addressed is to determine what income a party can reasonably earn from the assets received on division and to take that into account in calculating the quantum of support.		Once a party has met the requirement of demonstrating entitlement, you move to the calculation of quantum. When determining quantum of support one factor to be considered is whether the needs of the recipient spouse have been met by the division of assets; however, if support is compensation based then even if the recipient receives significant assets that is not a basis to reduce support (see ''[https://canlii.ca/t/237r7 Chutter v Chutter]'', [2009] CarswellBC 1028 (BCCA)). Typically, the way this is addressed is to determine what income a party can reasonably earn from the assets received on division and to take that into account in calculating the quantum of support.

LSLAP: /* 4. Interjurisdictional Support Orders */

2025-11-10T00:16:30Z