Child Support Lawyers

 

Concerned about BC child support? We’ll assess your eligibility and help secure a fair settlement to support your child’s financial stability.

Family Law Services
Child Support

Serving Vancouver and Langley

Are you concerned about child support payments? We can determine whether your financial situation qualifies for support, and if needed, help you negotiate a fair settlement to maintain financial stability for your child.

Child Support

How Child Support Is Calculated

BC child support is based on the incomes of both parents and the parenting schedule. If the children reside primarily with one parent, the other parent will usually pay child support based on their income and the amounts set out in the Federal Child Support Guidelines.

Shared Parenting and Offset Support

If parenting is shared, meaning that both parents have the children more than 40% of the time, an offset of the amounts each parent would owe under the Federal Child Support Guidelines will often be applied. There can be exceptions to this approach, however, and it is not automatic in every case.

Child Support and Parenting Time

While the amount of child support paid is based in part on the amount of time a parent has with the children, child support is not tied to parenting time in the sense that support does not stop simply because parenting time is being withheld. Child support is the right of the child, not the right of the parent receiving it.

Can Child Support Be Waived?

Because child support is the right of the child, a recipient parent cannot simply choose to waive it. In most cases, an agreement for child support that is less than the amount set out in the Federal Child Support Guidelines is unlikely to be upheld.

How Long Child Support Is Payable

Child support is generally payable until a child reaches the age of majority. In British Columbia, that age is 19.

Child Support Beyond Age 19

BC child support may continue past the age of majority if the child remains financially dependent and is unable to withdraw from the charge of their parents. This can arise where a child has special needs or is enrolled in full-time post-secondary education.

Frequently asked questions about Child Support
Child Support

Frequently Asked Questions

In this case, your obligation to pay support would be based on a number of factors, including the age of the child, whether the program is full-time or part-time, whether the program is likely to lead to a job, and the child's performance in that program, as well as his or her ability to support themselves while enrolled. 

The court will also consider the financial circumstances of the parents and their expectations in relation to post-secondary schooling for their child while they were still together. The court may also order an amount different from the Guideline amount in certain circumstances if an adult child is found to still be a child of the marriage.

Section 7 expenses are those that go beyond what is required for the basic necessities for a child. They must be reasonable and necessary and are usually paid by the parents in proportion to their incomes. What is and is not considered a Section 7 expense may differ depending on a family's pre-separation spending and financial circumstances. Common Section 7 expenses include the cost of daycare, extracurricular activities, tutoring, medical and dental care, among other expenses.

Parents have an obligation to maximize their earning capacity to support their children. On this basis, the court often imputes income to a spouse who is not living up to their earning potential. This means that an order for child support is based on what a parent could earn, not necessarily what they do earn.

You should speak to your former spouse about your situation and see if you can enter into a consent order based on your new circumstances, even if this is only a temporary arrangement, If that is not possible, you need to apply to court to decrease your support obligations immediately, so that you are not in contempt of the court order.

Get in Touch

Child support can be a sensitive issue, but it plays an important role in helping children receive the financial support they need. At England & Lam Family Law, we help parents understand child support obligations, income disclosure, and how the Federal Child Support Guidelines may apply to their situation. Whether you’re seeking support, responding to a claim, or dealing with a change in circumstances, our team is here to help you move forward with confidence.

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