Unforeseen splits in the family are never easy—especially when they involve children.
The Federal Child Support Guidelines are in place to simplify the child support process, reduce disputes between family members, and ensure that children benefit from the resources of both parents at a consistent and predictable level.
Here are the most frequently asked questions when it comes to child support in British Columbia.
You’re probably wondering: what are the main types of child support in BC?
Here’s what you need to know. There are two main types of child support in BC: Regular Child Support and Special Expenses (also called s.7 expenses).
Regular Child Support is paid every month and is non-taxable to the recipient’s spouse
Special Expenses are different types of additional, reasonable expenses that are payable above and beyond what child support, or the person’s income, would cover. Examples include childcare, dental and medical costs, education including post-secondary education, and extracurricular activities.
Child support laws in BC and Canada state that parents have a legal responsibility to financially support their children, whether they live together or not. Child support is the payment one parent makes to another parent. Typically, child support is provided to the primary caregiver of the child but child support may also be payable where the parents share parenting time.
Child support laws require a parent to provide financial support until their child is no longer classified as dependent. This may occur when they turn 19, but it is not uncommon for this status to continue beyond that age in certain circumstances where the child is unable to withdraw from their parents’ care. The most common example of this is where the adult child is attending a full-time post-secondary program.
Apart from an existing biological parent, child support can be payable to non-guardians and stepparents. Even though it is paid to the other spouse, it’s for the benefit of the child and should be used to cover the expenses the present parent would need to adequately raise the child. Additionally, the right to receive child support is the legal right of the child, meaning a parent cannot sign an agreement waiving the right to receive it.
In a shared parenting arrangement (where both parents have the child more than 40 per cent of the time) parents usually arrange an offset of child support.
This means that they calculate each of their child support amounts (according to a fixed formula in the Federal Child Support Guidelines) and based on the amounts payable, the parent with the larger income will end up paying more to the parent with the smaller income. If both parties have similar incomes, they may choose not to pay each other child support.
In a non-shared parenting arrangement, only the parent who has primary custody of the child will receive child support.
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The amount of child support owed depends on the case. Child support payment amounts are determined based on an individual’s income, how many children they have, and what province the payor parent lives in. All of this information is tracked on a fixed table contained in the Child Support Guidelines.
The age of majority in BC is 19 years old. Therefore, children of separated or divorced parents who are 19 years old and under are eligible for child support.
There are, however, some exceptions that apply to those who surpass the age of majority (19).
Would you like to learn more about child support guidelines, services and stipulations in British Columbia? We’re here to help. Contact us for a free consultation.
Jessica England and Louise Lam are a team of family law professionals in Vancouver, BC that strive to protect clients and their children from the hardships of separation, and help them to build a brighter and happier future. We are passionate about what we do because we affect meaningful and positive changes for families going through separation. We bring over 20 years of family law experience to the table and we are skilled in dealing with even the most complex and challenging situations.
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