Although it can be a sensitive and emotional topic, child support is an important issue for many parents in British Columbia. Whether you are currently going through a divorce or separation, or have been separately co-parenting some time, understanding the basics of child support in BC can help make the process a little bit easier.
This guide will provide you with information regarding some of the most frequently asked questions we get asked by our clients. We will summarize some of the key points so that you can get a better understanding of how child support works in BC.
What is child support?
When a couple or spouses separate, usually one parent must make payments to the other parent to help support the children. This financial assistance is called child support.
In Canada, children have a legal right to child support. This means that parents or guardians are required to financially support their children, even in circumstances where one parent or guardian does not see or physically take care of the children.
It’s important to note that both the Divorce Act and the Federal Child Support Guidelines made certain changes to the terminology used throughout the legislation as of March 1, 2021. The most significant changes are related to the terms “custody” and “access”. Instead of using those terms, the legislation now refers to terminology such as “parenting time” to describe where the child/children spend time and how decisions are made.
How does child support work?
According to the Divorce Act and the Family Law Act, children are entitled to be financially supported by both parents (regardless of their separation or divorce) if:
- They are under 19 years of age; or
- They are 19 years or over, but can’t take care of themselves because of illness, disability, they are attending post-secondary education or another reason, etc.
Example:
Mia and Sean are currently in the process of finalizing their divorce. They have four children:
– Megan is 17 years old
– Louis is 12 years old
– Jerry and Jason, who are twins, are 20 years old.
As part of the divorce proceedings, Mia and Sean need to establish who are dependent on them and thus require financial support.
Megan and Louis are both minors, so they are still dependent and will require financial support. Jerry has a full-time job and is financially independent, so he doesn’t require financial support from Mia and Sean. Jason, on the other hand, is currently still enrolled at university and lives on campus. Currently, Mia and Sean have been paying his tuition and living expenses and they both agree that Jason still depends on them from a financial perspective until he graduates.
Who pays child support?
Generally, the parent who primarily resides with the children receives child support from the other parent.
However, if the children spend equal or almost equal time (in other words, either 50-50 parenting time or 40-60 parenting time) with both parents, the parent with the higher income usually has to pay child support.
Parenting time arrangements between parents have a direct effect on payable child support.
- Sole Custody: If one parent has primary care of the children, that parent is inevitably handling the expenses required to raise the children. As such the other parent is required to pay child support.
- Joint Custody: If the children spend equal or almost equal time with both parents, the parent who earns a higher income is to pay child support.
- Split Custody: If both parents each have full care and residency of the children, child support payments are offset by each parent paying the other the lower payment reducing the cost of the higher payment.
How much is child support in BC?
The monthly payable amount of child support in British Columbia is based on the Federal Child Support Guidelines.
Other factors that affect the child support amount payable are parenting arrangements and income of each parent.
While the Federal Child Support Guidelines or a BC child support calculator could serve as an adequate and reliable guide to determine the amount of payable child support, the Courts may make an order in contrast to the guidelines if one of the following factors are present:
- The court agrees with the payor parent’s claim that the amount of support would cause them undue hardship;
- The payor’s income is over $150,000;
- The child is 19 or over and not in school full time;
- One parent makes a claim for special or extraordinary expenses; or
- The payor is a step-parent.
A step-parent’s duty to pay child support is secondary to that of a parent or guardian. However, they may be required to pay child support if they have lived and financially contributed to the child’s life for at least one year.
What does a BC child support calculator take into account?
A step-parent’s duty to pay child support is secondary to that of a parent or guardian. However, they may be required to When inputting data into a child support calculator, the following four factors are considered before a suggested amount is finalized:
- How much the payor parent earns;
- How many children the parents have to support;
- How much parenting time each parent has with the children; and
- Where each parent lives.
As mentioned above, these calculators are beneficial tools to give you a rough estimate or idea of what child support would look like, but it is important to seek the assistance of a family law lawyer who can consider all your personal and individual circumstances before making a suggestion.
When Does Child Support Start and End?
Generally, child support becomes payable upon separation of parents.
However, there are a few other factors that may impact when child support is effective and how far back any retroactive support may be imposed, including whether the child support order is part of a divorce, separation, paternity, or other family law litigation.
In terms of when child support ends or is no longer payable, it’s usually once the child is 19 years or older. However, there are a few other circumstances where child support may end for children who are younger than 19 years old, including:
- The child chooses to leave their parents’ home and there is no history of family violence or difficult living conditions;
- The child gets married; or
- The child does not want any relation with their parents.
What Are Extraordinary (Special) Expenses and How Do They Relate to Child Support?
According to section 7 of the Child Support Guidelines, there are a few special expenses that may be considered in addition to the calculated child support payments. These extraordinary or special expenses include things like:
- Private tutoring after school,
- Tertiary (post-secondary) education expenses,
- Medical and dental insurance costs that cover the child,
- Private school fees, and
- Extracurricular activities such as music and art lessons or club sporting activities.
Generally, these expenses are shared equally between the separated or divorced parents. For example, the parent who is paying for child support must still contribute to the private school fees.
Is Child Support Taxable in BC?
Child support is not currently considered taxable income to the party receiving it and is not deductible by the party paying it.
If you have not made a declaration or claim for child support payments before the current tax year, you should report support payments made or received on your tax return. However, note that the CRA no longer includes child support payments as income or deductions.
Prior to May 1, 1997, both child and spousal support payments were deductible to the payer and taxable to the recipient. The rules for child support changed as of that date and are no longer deductible.
Key Takeaways
Each family, parent, and child have specific circumstances which are to be taken into consideration when assessing a claim for child support. Our lawyers at Solimano Law can provide you with an estimate and recommendations for payable child support. Give us a call today or fill out our online contact form!
Disclaimer – The information contained herein is of a general nature. It is not intended to be legal advice and it is not intended to address the exact circumstances of any particular individual or entity. No one should rely on or act upon such information without receiving appropriate professional advice and without a thorough examination of their particular situation. Please contact our office if you have any questions with respect to the content of this entry, this website, or our Terms and Conditions .