What is Child Support?
Child support is a legal obligation ensuring children receive financial contributions from both parents after separation or divorce. In British Columbia, child support is governed by the Federal Child Support Guidelines — a standardized system that calculates monthly payments based on the paying parent's income, number of children, and province of residence.
Child support is the right of the child, not the receiving parent. This means it generally cannot be waived or reduced below guideline amounts in a separation agreement — even if both parents agree.
How is Child Support Calculated in BC?
The Federal Child Support Guidelines use income tables to determine a monthly base amount — often called the "table amount." The calculation depends on three things:
- The paying parent's gross annual income
- The number of children
- The province or territory where the paying parent lives
You can estimate table amounts using the Government of Canada's child support table lookup tool.
If a parent earns over $150,000 per year, the table amount serves as a floor. Courts may order additional support if the child's needs or the family's established standard of living warrants it.
Section 7: Special and Extraordinary Expenses
Beyond the monthly table amount, both parents share certain additional costs in proportion to their respective incomes. These "Section 7" expenses include:
- Childcare costs related to employment, education, or illness
- Medical and dental expenses not covered by insurance exceeding $100 annually
- Post-secondary education costs (tuition, books, housing)
- Extracurricular activities — where extraordinary given the family's circumstances
- Primary or secondary school expenses if attendance at a private school is appropriate
Section 7 expenses can add significantly to monthly support obligations, particularly in families where children are enrolled in competitive sports, private schools, or pursuing post-secondary studies.
Shared Parenting and Child Support
When children spend at least 40% of their time with each parent — commonly called shared parenting — the standard table calculation does not automatically apply. Instead, courts use a "set-off" approach:
- Calculate what each parent would pay if they were the sole payor
- The higher-earning parent generally pays the difference
- Courts also consider the actual costs each parent incurs in caring for the children
This can result in significantly lower monthly payments than in a primary-residence arrangement. The parenting schedule you agree to will directly affect support obligations — read more about structuring parenting arrangements after separation.
How is Income Determined?
Courts use Line 15000 of the most recent tax return as the starting point for income. However, income can be "imputed" (set higher than reported) in cases of:
- Self-employment with significant personal expenses run through the business
- Deliberate underemployment or unemployment
- Corporate income being retained rather than drawn as salary
- Significant investment income or capital gains
Both parents are legally required to provide annual income disclosure. Failure to disclose — or deliberate underreporting — can result in income being imputed and a retroactive support order. See what the BC government says about determining income for support purposes.
When Does Child Support End?
Child support typically continues until the child:
- Turns 19 (the age of majority in BC)
- Completes a first post-secondary degree or diploma while living away from home
- Becomes financially self-sufficient
Adult children with disabilities, or those enrolled full-time in post-secondary education and still dependent, may continue to receive support beyond age 19. Courts assess each situation individually based on the child's actual circumstances.
Varying a Child Support Order
Either parent can apply to change (vary) an existing child support order or agreement when there has been a material change in circumstances, such as:
- A significant increase or decrease in either parent's income
- A change in the child's primary residence or time-sharing arrangement
- The child starting or completing post-secondary education
- A change in the child's needs (e.g., new medical diagnosis)
Annual income disclosure is best practice — if a parent's income changes significantly from year to year, support should be adjusted accordingly. Changes should be documented in writing or filed with the court to be enforceable. Learn how a separation agreement can be used to formalize agreed-upon changes.
Enforcement: The Family Maintenance Enforcement Program
BC's Family Maintenance Enforcement Program (FMEP) monitors and enforces child support orders and agreements. Enrolment is optional for the recipient but free. FMEP has broad enforcement powers, including:
- Garnishing wages and bank accounts
- Intercepting federal payments (tax refunds, EI, CPP)
- Suspending driver's licences and passports
- Registering liens against real property
FMEP can also pursue arrears accumulated over many years and can enforce orders across provincial borders through reciprocal enforcement agreements.
How Child Support and Spousal Support Interact
Child support is always calculated first. When both child support and spousal support are payable, the spousal support formula adjusts to account for the child support already being paid. This interaction can significantly affect the amount and duration of spousal support — making it essential to calculate both together.
Retroactive Child Support
Courts can order retroactive child support going back up to three years before a formal application was filed — sometimes further if there was blameworthy conduct (such as hiding income). Retroactive orders can result in large lump-sum obligations. Addressing support promptly after separation avoids this risk.
Frequently Asked Questions
Can parents agree to a lower amount than the guidelines?
Generally no. Courts will reject agreements that provide less than the guideline amount unless there are exceptional circumstances that are clearly in the child's best interests. Child support is the child's right and cannot be bargained away by parents.
What if the paying parent lives in another province?
The Federal Child Support Guidelines apply across Canada. The table amount used is based on the province where the paying parent lives. BC orders can be registered and enforced in other provinces through reciprocal enforcement legislation.
Does remarriage affect child support?
Remarriage alone does not change obligations. However, if a new spouse's income substantially increases the receiving parent's household income, or if the paying parent takes on significant new family obligations, these may be factors in a variation application.
What if I can't afford the guideline amount?
If payment of the full guideline amount would cause undue hardship — for example, due to unusually high debts, significant access costs, or a legal obligation to support other children — a court may order a lower amount. However, undue hardship claims are assessed carefully and are not commonly granted without compelling evidence.
How Outset Law Can Help
Child support disputes — particularly those involving self-employed parents, shared parenting schedules, or high-income earners — can be legally complex. Our Vancouver family lawyers provide clear, strategic guidance to help you understand your rights and reach a fair resolution. Contact Outset Law to book a consultation, or learn more about our child and spousal support services in Vancouver.
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