Introduction to Child Support: Difference between revisions

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, KC], Boyd Arbitration Chambers|date= March 2021}} {{Dial-A-Law TOC|expanded = divorce}}
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.


{{Dial-A-Law TOC|expanded = family}}
{| class="wikitable"
==What is child support?==
|align="left"|'''Alert!'''
Child support is money paid by a parent, or a stepparent, to the other parent for the financial benefit of the child. 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.
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.
|}


==Why is child support paid?==
==What you should know==
Every child has 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.


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.
===What child support is for===
'''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.


It is important to know that after parents separate, child support is owing, whether there is an agreement or order in place or not.
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.


==Who has to pay child support?==
===Who has to pay child support===  
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.
'''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.


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.
====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'''.  


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 was 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.
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.


==How to get child support?==
====Stepparents====
Child support can be agreed to in a separation agreement. If parents can’t agree, they can ask the court for an order that child support be paid by starting a court case.
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:


If a parent is receiving income assistance, she or he will have given his or her 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 the parent. Child support will be paid to the program while the parent is receiving income assistance. The parent may be entitled to some of the support that is paid; thus, he or she should speak to the case worker for more information.
* 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.


==Which court to apply to?==
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.
An application for a child support order can be 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 the parent 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.


==How is the amount of child support calculated?==
===How much child support is payable===  
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 child support is being paid for. The exceptions to this general approach are discussed below.
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:


People 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”.
* the payor’s income, 
* the province or territory where the payor lives, and  
* the number of children child support is being paid for.  


==What costs does child support cover?==
There are some exceptions to the Guidelines tables, which we explain below.
The basic child support amount is a contribution to all of the child’s basic expenses and to the cost of raising the child, including: the child’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.


==What are “special or extraordinary” expenses?==
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.
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:


*child care expenses, often so the parent who looks after the child can work or go to school in order to get work;
{| class="wikitable"
*medical or health related expenses for the child, including the cost of medical insurance;
|align="left"|'''Tip'''
*some educational expenses, including for post-secondary education or private school fees; and
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]. 
*some expenses for extracurricular activities like music or 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.
===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: 


==How are “special or extraordinary” expenses paid?==
* child care expenses, so the parent who looks after the child can work or go to school in order to get work
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.
* 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


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.
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.


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.
===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).


==What if parents share the care of the child?==
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.  
If the parent paying child support looks after the child 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 child.


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.
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%.


==What if each parent has a child in their care?==
===Parenting arrangements can affect child support===
If the child lives 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 child in that parent’s care. The amount that changes hands is the difference between the higher amount and the lower amount.
How much time a child lives with each parent can affect who pays child support and how much.


For example, say that 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 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.  


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.
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.


==What if the person paying child support is a stepparent?==
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 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.


In determining the amount of support paid by stepparents under the ''Family Law Act'', the court can consider:
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:  


*the length of time the child and stepparent lived together; and
* the higher costs of shared parenting to the payor, and
*the child’s standard of living when he or she lived with the stepparent.
* the financial needs of each parent and the child.


==What if the amount set by the Child Support Guidelines is too high or too low?==
====When each parent has a child in their care====
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.
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.  


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 better to speak with a lawyer.
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.


==When must the financial circumstances be disclosed?==
===If the amount set by the Guidelines is too high or too low===  
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 child’s time, the receiving parent will also be required to make financial disclosure.
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.


==What is an “interim” child support order?==
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.
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.


==How long is child support paid for?==
Proving undue hardship is complicated, and it’s a good idea to speak with a lawyer.
Child support is paid for as long as the child continues to be a “child” as defined by the legislation. 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 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.


==Can a child support order cover the past?==
===Other exceptions to the amount set by the Guidelines===
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.
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'''.


==What if circumstances change and child support needs to change?==
Dealing with these situations can be complicated, and it’s a good idea to speak with a lawyer.
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 child’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.


==What to do if child support isn’t paid?==
==How to get 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. Program staff will help to 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”.
===If you agree on support===
Child support can be agreed to in a '''separation agreement'''. [[Separation and Separation Agreements|Here, we explain separation agreements]].


==For more information refer to the following resources:==
===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.


*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 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 nearest Family Justice Centre nearest. Also see the Family Justice website at [http://www.justicebc.ca/en/fam/ www.justicebc.ca/en/fam/].
====Which court to apply to====
*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.
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, [[Provincial (Family) Court|see our information on Family Court]].
*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.
*See the [[Child Support]] section of the wikibook ''JP Boyd on Family Law'', from Courthouse Libraries BC.


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.


[updated February 2015]
====There must be 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.


'''The above was last reviewed for accuracy by JP Boyd and Anna Kurt.'''
{| class="wikitable"
----
|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.
|}


===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, [[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]].
==Common questions==
===How long is child support paid for?===
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.
===What can I do if the other parent won’t pay 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 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 in BC 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?===
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?===
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:
* a payor has a legal obligation to pay child support and didn’t do so, or
* a payor’s income went up but child support payments did not.
Usually an order for retroactive support will date back no more than three years before the date of the application for retroactive child support.
==Who can help==
===With child support===
'''Family justice counsellors''' in Family Justice Centres and Justice Access Centres throughout British Columbia can help parents by providing information about the Child Support Guidelines. They can help mediate parenting and support agreements. They can also explain how to obtain or change support orders in Provincial Court if parents can’t reach an agreement. Their services are free.
* Call 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]
'''Child support officers''' offer assistance for child and spousal support matters in Provincial and Supreme Court.
* Call 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/child-support Visit website]
===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.
* [https://familylaw.lss.bc.ca/finances-support/child-spousal-support/child-support Visit website]
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has in-depth information on child support.
* [[Child_Support|Visit website]]
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Latest revision as of 19:23, 14 October 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, KC, Boyd Arbitration Chambers in March 2021.
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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.

Alert!

This information has been updated to reflect changes to the Divorce Act that took effect on March 1, 2021.

What you should know

What child support is for

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.

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.

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.

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.

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.

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 Divorce Act if the stepparent and parent were married. It can also happen under the Family Law Act if:

  • 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 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.

How much child support is payable

How much child support a parent pays is determined by the Federal Child Support Guidelines. The Guidelines have tables that set out the amount of support based on:

  • the payor’s income,
  • the province or territory where the payor lives, and
  • the number of children child support is being paid for.

There are some exceptions to the Guidelines tables, which we explain below.

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.

Tip

You can calculate the basic child support amount under the Guidelines using the federal government’s Child Support Table Look-up.

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:

  • 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 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%.

Parenting arrangements can affect child support

How much time a child lives with each parent can affect who pays child support and how much.

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.

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.

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.

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:

  • the higher costs of shared parenting to the payor, and
  • the financial needs of each parent and the child.

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.

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.

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.

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.

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. 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

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, see our information on Family Court.

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.

There must be 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.

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.

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, see our information on applying for an interim order in a family law case in Supreme Court.

Common questions

How long is child support paid for?

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.

What can I do if the other parent won’t pay 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 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, 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 specific procedure to follow under each of the BC Family Law Act and the federal Divorce Act.

Tip

Legal Aid BC’s Family Law in BC 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 Supreme Court or Family Court.

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. 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?

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:

  • a payor has a legal obligation to pay child support and didn’t do so, or
  • a payor’s income went up but child support payments did not.

Usually an order for retroactive support will date back no more than three years before the date of the application for retroactive child support.

Who can help

With child support

Family justice counsellors in Family Justice Centres and Justice Access Centres throughout British Columbia can help parents by providing information about the Child Support Guidelines. They can help mediate parenting and support agreements. They can also explain how to obtain or change support orders in Provincial Court if parents can’t reach an agreement. Their services are free.

Child support officers offer assistance for child and spousal support matters in Provincial and Supreme Court.

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.

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

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