Child support is a legal obligation in British Columbia to ensure that children receive financial support from both parents after a separation or divorce. Whether you are paying or receiving child support, understanding how it is calculated can help you navigate your legal rights and responsibilities.

Who Has to Pay Child Support in BC?

Both parents are financially responsible for their children under the Family Law Act and the Divorce Act. Typically, the parent with less parenting time (the paying parent) provides support to the parent with primary care of the child (in the case of one party being a primary parent).

How Is Child Support Calculated?

Child support in BC is based on the Federal Child Support Guidelines, which take into account:

• The paying parent’s gross annual income
• The number of children being supported
• The province where the paying parent lives

You can use the Government of Canada’s Child Support Calculator to estimate payments, but exact amounts may vary depending on circumstances. You can also refer to MySupportCalculator.ca, which will take into account the parenting arrangements and both incomes to ensure a proper calculation in accordance with the Federal Child Support Guidelines. *Note – lawyers often use a program called DivorceMate, which uses the same calculation method as MySupportCalculator.ca.

What About Shared or Split Parenting Arrangements?

If parents share parenting time (each having the child at least 40% of the time), support payments may be adjusted. Courts consider both parents’ incomes and determine an appropriate amount. Generally, aside from extraordinary circumstances, the amounts payable are offset against the other to reflect an accurate payment from the higher income earner to the lower for the support of the child(ren).

Are There Additional Expenses Beyond Child Support? (Section 7 Expenses)

In addition to basic child support, parents may share special or extraordinary expenses under Section 7 of the Child Support Guidelines, including:

• Childcare costs (e.g., daycare)
• Medical and dental expenses not covered by insurance
• Extracurricular activities (e.g., sports, music lessons)
• Post-secondary education costs

These expenses are usually payable proportionately based on each parent’s income.

Can Child Support Be Changed?

Yes, child support can be reviewed and modified if there is a significant change in circumstances, such as:

• A change in the paying parent’s income
• A change in parenting time
• The child reaching the age of majority but still being dependent (e.g., attending university)

How to Apply for Child Support in BC

To establish or modify child support, parents can:

Negotiate an agreement with the help of a lawyer or mediator

File an application with the BC Family Court or Supreme Court seeking child support for the support of the child(ren).

Suggestions for Ensuring my former spouse pays?

Use the BC Family Maintenance Enforcement Program (FMEP) to enforce payments! Simply register the written agreement or court order and let FMEP take care of the rest.

Conclusion

Understanding how child support is calculated ensures that both parents contribute fairly to their child’s well-being. If you have questions about child support, a family lawyer can help you navigate your legal rights and obligations.

This article provides general legal information and does not constitute legal advice. For legal assistance, contact Lawfellow Legal Services today.