Child Support

Child Support in British Columbia

In Canada, both parents have a legal obligation to support their children financially. When parents separate, child support ensures that children continue to benefit from the financial resources of both parents. Child support is the right of the child, not the receiving parent, and it is not something that can be bargained away.

Child support in BC is primarily governed by the Federal Child Support Guidelines, which provide a standardized approach to calculating support amounts based on the paying parent's income and the number of children.

How Child Support Is Calculated

The Federal Child Support Guidelines use tables that set out the base amount of child support based on the paying parent's gross annual income and the province where they live. This is often called "table support" or "guideline support."

The calculation depends on the parenting arrangement:

• Primary residence: If the children live primarily with one parent, the other parent pays the table amount based on their income.
• Shared parenting time: If the children spend at least 40% of the time with each parent, both parents' incomes are considered and a set-off amount may be calculated.
• Split parenting: If each parent has primary care of one or more children, support is calculated based on a set-off of what each parent would owe for the children in the other parent's care.

Special and Extraordinary Expenses (Section 7)

In addition to table support, parents may need to share certain special or extraordinary expenses. These are costs above and beyond regular day-to-day expenses, and they are typically shared in proportion to each parent's income.

Common section 7 expenses include:

• Childcare expenses (daycare, after-school care)
• Medical and dental expenses not covered by insurance
• Health-related expenses (orthodontics, therapy, etc.)
• Extracurricular activities
• Post-secondary education costs

Whether an expense qualifies as a section 7 expense and how it is shared depends on the specific circumstances and what is reasonable given the family's means.

Income Determination

Calculating child support starts with determining each parent's income. In straightforward employment situations, income is based on line 15000 of the most recent tax return. However, determining income can be more complex when a parent:

• Is self-employed or owns a business
• Has income from multiple sources
• Is not working to their full capacity (imputed income)
• Has fluctuating or seasonal income
• Receives non-taxable income or benefits

We help clients navigate income determination, including situations involving self-employment, undisclosed income, or cases where the other parent is not being forthcoming with financial information.

Varying Child Support

Child support is not necessarily a fixed amount. It should reflect current circumstances. If there has been a material change — such as a significant income change, a change in the parenting arrangement, or a child reaching the age of majority — the support amount may need to be varied.

We assist clients with both requesting and responding to variation applications, ensuring that the support amount reflects the current financial reality.

Adult Children

In BC, the obligation to pay child support does not automatically end when a child turns 19. If an adult child is unable to support themselves — for example, because they are attending post-secondary education full-time or have a disability — child support may continue. The amount and duration depend on the individual circumstances.