Child and spousal support.
Child and spousal support are among the most contested financial issues in separation. We help you understand your rights, calculate your obligations, and negotiate or enforce a fair arrangement in British Columbia.
Two kinds of support.
Child support
A set amount, worked out from a formula.
Who pays and how much
Under the Federal Child Support Guidelines and the BC equivalent, the amount is set from the paying parent's income and the number of children, using the published tables.
Shared parenting
Where each parent has the children at least 40 percent of the time, the tables are adjusted to reflect both households, and the amount can differ from the standard table.
Special and extraordinary expenses
Childcare, medical, dental, counselling and extracurricular costs are shared in proportion to each parent's income.
Income and disclosure
Support follows real income. Each parent must provide income information, and a court can attribute income to a parent who is under-employed or not disclosing.
Spousal support
A negotiated or ordered amount, guided by a range.
Who can claim
Married spouses, and unmarried spouses who have lived together in a marriage-like relationship for at least two years, or who have a child together.
Entitlement
Support may be based on economic loss from the relationship (compensatory), economic need after separation (non-compensatory) or an agreement between the parties (contractual).
Amount and duration
The Spousal Support Advisory Guidelines give a range for amount and duration based on length of relationship, incomes and whether there are children. They are advisory, not binding.
Review and termination
Orders and agreements can set a review date or an end date, or can be varied if circumstances change materially.
Clear advice on both sides of support.
We act for clients who are paying and clients who are receiving support, from the first calculation to enforcement of the order.
Child support calculation
Base amounts calculated under the Federal Child Support Guidelines, using the paying parent's income and the number of children.
Section 7 expenses
Childcare, medical, dental and extracurricular costs shared proportionally between parents based on income.
Spousal support
Advice on entitlement, quantum and duration under the Spousal Support Advisory Guidelines.
Income disclosure
Compelling full and accurate financial disclosure from the other party, so that support is based on real income.
Varying support orders
Applying to change child or spousal support when income, employment or family circumstances shift significantly.
Enforcement and arrears
Collecting unpaid support and enforcing orders through the Family Maintenance Enforcement Program (FMEP).
From first call to resolution.
- 01
Book a consultation
A free 15-minute call or a paid one-hour strategy consultation. We review your circumstances, both incomes and what you need.
- 02
We calculate and advise
We work out what support should be and explain your options plainly.
- 03
Negotiate or enforce
We negotiate a fair agreement or enforce the order, whichever your matter requires.
Questions we hear.
Can child support be waived in an agreement?
No. Parents cannot agree to waive child support, and a court can set aside an agreement that does not meet the needs of the children. Spousal support can be waived or fixed by agreement, but the agreement should be reviewed by a lawyer first.
Can I claim support for a period before I applied?
Often, yes. Courts can order retroactive child support, generally back to the date the paying parent was given effective notice of the claim, and typically for no more than three years before the application.
How long does spousal support last?
There is no fixed rule. The advisory guidelines give a range based on the length of the relationship and the parties' circumstances, and a court or agreement can set a review date or an end date.
What if the paying parent is self-employed?
Income is not limited to a pay cheque. Business income, dividends, retained earnings and personal expenses paid through a corporation can all be examined, and a court can attribute income where it is understated.
What if my circumstances change?
Support can be varied where there has been a material change, such as a significant change in income, employment, health or parenting time. Until an order is changed, the existing order remains in force.
What if support is not being paid?
Orders registered with the Family Maintenance Enforcement Program (FMEP) can be enforced by garnishment, licence restrictions and other tools. We can also apply to enforce an order directly through the court.
Get clear on support.
Book a confidential consultation to discuss child or spousal support.
Book a consultation