When parents separate, one of the most important financial considerations is child support. Whether you’re the parent who will be paying support or the one receiving it, understanding how child support is calculated in British Columbia can help you plan financially and ensure your children’s needs are met.
What is Child Support?
Child support is money paid by one parent to another to help cover the costs of raising children after separation. It’s a legal obligation, not a choice. The purpose is to ensure children maintain a similar standard of living in both parents’ homes and that the financial responsibility for raising children is shared fairly.
Key Principles
- Child support is the right of the child, not the parent
- Both parents have an obligation to support their children according to their income
- Parents cannot agree to waive child support
- Support continues until the child is no longer a “child” under the law
The Federal Child Support Guidelines
Child support in BC is calculated using the Federal Child Support Guidelines. These guidelines provide tables that set the amount of support based on:
- The paying parent’s annual income
- The number of children
- The province where the paying parent lives
The guidelines aim to create consistency and predictability so parents know what to expect.
How Much Will I Pay? Basic Child Support
Table Amount
The basic amount of child support is found in the Child Support Tables. For example, in BC (2024):
- Parent earning $50,000/year with 1 child: $426/month
- Parent earning $50,000/year with 2 children: $688/month
- Parent earning $75,000/year with 1 child: $662/month
- Parent earning $75,000/year with 2 children: $1,083/month
- Parent earning $100,000/year with 1 child: $881/month
- Parent earning $100,000/year with 2 children: $1,463/month
These amounts increase with income. You can look up the exact amount using the online Child Support Calculator or referring to the official tables.
Different Parenting Arrangements, Different Calculations
Sole or Majority Parenting Time
When one parent has the children most of the time (more than 60% of nights):
- The other parent pays the full table amount based on their income
- Section 7 expenses are shared proportionately
- This is the most straightforward calculation
Shared Parenting Time (40-60% with each parent)
When children spend at least 40% of time with each parent, the calculation is more complex:
- Calculate what each parent would pay if the other had sole custody
- Offset the amounts (higher amount minus lower amount)
- Consider additional factors like:
- Increased costs of maintaining two homes for the children
- Distribution of other child-rearing expenses
- Economic hardship either parent would face
Example:
Parent A earns $80,000 (would pay $1,200/month for 2 children)
Parent B earns $50,000 (would pay $688/month for 2 children)
Time split: 50/50
Offset: $1,200 – $688 = $512/month
Parent A might pay Parent B $512/month, though the court could adjust this based on other factors.
Split Custody
When one child lives primarily with each parent (rare):
When Does Child Support Start and End?
- Each parent calculates support for the children with the other parent
- The higher amount is offset against the lower
- The parent with the higher obligation pays the difference
When It Starts
- Generally from the date of separation or when parents began living apart
- Can be retroactive if the paying parent unreasonably delayed paying
- Court can order support going back up to 3 years in some cases
When It Ends
Child support typically continues until a child:
- Turns 19 (age of majority in BC)
- Becomes financially independent
- Marries or enters into an adult interdependent relationship
Support for Adult Children
Support often continues beyond age 19 if the child is:
- Attending post-secondary education full-time
- Unable to become independent due to disability or illness
Support for adult children attending school typically includes tuition and living expenses, shared between parents based on their incomes and the child’s ability to contribute.
Changing Child Support
When to Change Support
Child support should be adjusted when there’s a material change in circumstances:
- Significant change in either parent’s income (increase or decrease of 10% or more)
- Change in parenting time arrangements
- Change in number of children being supported
- Child turns 19 or becomes financially independent
- New Section 7 expenses arise
How to Change Support
- Make a new agreement with the other parent (put it in writing)
- Apply to court for a variation order
- Change only takes effect from the date you apply or the date of a new agreement
Important: Don’t just stop paying or reduce payments on your own. Child support arrears accumulate and are difficult to discharge.
Annual Disclosure Requirement
Both parents must exchange income information annually, typically by May 1st:
- Most recent tax return and Notice of Assessment
- Any significant changes to income
- Updated financial information if self-employed
This ensures child support remains accurate and up-to-date.
Enforcement of Child Support
If Support Isn’t Being Paid
BC’s Family Maintenance Enforcement Program (FMEP) helps enforce support orders:
- Automatic wage garnishment
- Intercept tax refunds
- Suspend driver’s licenses
- Report to credit bureaus
- Deny or suspend passports
- Register liens against property
- Potentially lead to jail time for willful non-payment
Enroll with FMEP by filing your support order with them. There’s no cost for this service.
If You Can’t Afford to Pay
If you genuinely can’t pay support due to job loss, illness, or other circumstances:
- Apply to court immediately to reduce or suspend support
- Don’t just stop paying—arrears accrue and must eventually be paid
- Be prepared to show you’ve made efforts to find work or increase income
- Temporary hardship doesn’t eliminate the obligation, but may reduce it
Tax Treatment of Child Support
- Child support is not tax-deductible for the paying parent
- Child support is not taxable income for the receiving parent
- This has been the law since 1997
Note: Spousal support has different tax treatment—it’s deductible for the payer and taxable for the recipient.
Common Questions About Child Support
Can We Agree to Less Than the Guidelines?
Generally no. Courts rarely approve agreements for less than guideline support. Child support is the right of the child, and parents can’t waive it. Exceptions might include:
- Special provisions that benefit the child more than cash support
- Shared parenting arrangements where lower support is justified
What If the Other Parent Is Wealthy?
For incomes over $150,000, the calculation becomes more flexible. The table amount applies to the first $150,000, but the court has discretion for income above that, considering:
- Children’s needs and standard of living
- Whether applying full table amount would be excessive
Does Child Support Cover Everything?
No. Table support covers basic living expenses. Parents still share:
- Section 7 extraordinary expenses
- Special needs or high medical costs
- Sometimes costs associated with parenting time (if vast income disparity exists)
What If I Have Children from a New Relationship?
New children (biological or stepchildren you support) can affect support calculations:
- Courts consider your duty to support all your children
- Support for first children rarely reduced significantly
- Depends on your overall financial circumstances
Child Support vs Spousal Support
These are separate obligations:
- Child support is for children’s benefit, calculated by guidelines
- Spousal support is for a former spouse, based on need and entitlement
- Child support always takes priority over spousal support
Getting It Right: Why Legal Advice Matters
While the basics of child support seem straightforward, many situations are complex:
- Determining true income for self-employed parents
- Shared parenting calculations
- Section 7 expense disputes
- Imputing income
- Support for adult children
- Retroactive support claims
Getting support calculations wrong can cost thousands of dollars and create ongoing conflict.
Steps to Take Now
If You’ll Be Paying Support
- Calculate the likely amount using online calculators
- Gather your financial documents (tax returns, pay stubs)
- Budget for support payments plus your share of Section 7 expenses
- Start paying voluntarily if separation is confirmed
- Keep detailed records of all payments
If You’ll Be Receiving Support
- Request financial disclosure from the other parent
- Calculate the expected support amount
- Keep receipts for Section 7 expenses
- Enroll with FMEP once you have an order or agreement
- Update your budget to reflect expected support
Get Help Calculating and Securing Child Support
Child support calculations can be complex, and ensuring you receive or pay the correct amount is crucial for your children’s wellbeing and your financial stability. V-Law’s family lawyers can help you understand your obligations, calculate accurate support, and obtain or modify support orders.