Monthly Child Support Guidelines in British Columbia

The parents’ legal obligation to financially support their children continues after a separation or divorce in British Columbia.

As such, the payment of monthly child support by one parent to the other to help with raising the children (regardless of where the other parent now resides) is an important tenet of B.C. family law.

Let’s consider the monthly Child Support Guidelines to help calculate the support obligation if you separate from your spouse and have children together.

Who qualifies as a “parent” for child support in BC?

British Columbia’s Family Law Act states that, for the purposes of child support, a parent can be any of the following:

• The child’s natural parent
• The child’s guardian(s)
• The child’s step-parent

A natural parent must pay child support regardless of whether an ex-spouse decides to remarry or enter a common-law relationship with another individual.

Monthly child support for step-parents in BC

Although some step-parents may consider themselves more “removed” from the obligation to pay child support than a natural parent, a step-parent who later separates from the natural mother or father of the child may still have to pay monthly child support.

Child support is the right of the child in B.C., and the courts here protect this right in all related decisions. If a child’s natural parents or guardians do not cover the support requirements of the child, the court can find other means to do so.

The Family Law Act defines a step-parent as a spouse who lives with the child and parent (both legally married spouses and those in marriage-like relationships). In cases where child support becomes an issue, various factors such as the nature and length of the relationship with the child and the step-parent’s available financial resources will be considered. Court decisions are made on a case-by-case basis but a step-parent may be ordered to pay child support.

When does child support end in BC?

In British Columbia, children are generally entitled to support from both parents if they are:

• Under the age of 19, or
• Over 19, but unable to support themselves financially because of illness, disability or another reason.

Ultimately, parents must support their children at least until the age of majority, which is 19 in BC. In rare cases, the support obligation may end before that age, such as if the child gets married or voluntarily chooses to live apart from both parents.

In many cases, the reverse is true: support extends beyond the age of majority. This may apply if:

• An adult child is unable to leave home and support themselves due to illness or disability.
• The child attends a post-secondary institution (support is not a mandatory requirement but this is often considered a reason to extend it).

In many cases, the parents decide for themselves to continue providing support. If, however, the case ends up in court, a judge will need to consider whether the adult child is still a “child of the marriage” or “child” as defined by law—and whether the reason provided for extending support is valid.

Types of monthly child support in BC

British Columbia awards two types of child support:

Monthly child support

Monthly child support covers the child’s essential living expenses, such as food, shelter, and day-to-day costs, as well as education and school trips. This can be calculated using the standard Child Support Guidelines, which consider each parent’s income, including business income.

Special expenses and extraordinary expenses

Special and extraordinary expenses are other costs that arise for the non-essentials not covered by monthly payments. Often, these are “big ticket” items like daycare and dental work that require a separate type of child support from parents or guardians.

A more complete list of special and extraordinary expenses is included in section 7(1) of the Child Support Guidelines:

1. Child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
2. That portion of the medical and dental insurance premiums attributable to the child;
3. Health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
4. Extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
5. Expenses for post-secondary education; and
6. Extraordinary expenses for extracurricular activities.

To maintain fairness, such expenses are shared between the payor and recipient parents in proportion to their incomes. This type of support can be ordered by the court, if necessary.

Calculating income for child support in BC

When calculating monthly child support in BC, the most important factor is the parents’ respective incomes—and, most significantly, the payor parent’s income.

As well as salaries or self-employment income, this includes bonuses, overtime, rental income, profit from stocks and shares, and company dividends. It also includes personal injury or Workers’ Compensation awards, disability payments, pension income, and government benefits.

Clear rules for making income calculations are included in the Child Support Guidelines, where a set of tables details the amount of child support payable according to a payor’s income.

Both parents’ income must be factored in if any of the following apply:

• There are special expenses or extraordinary expenses.
• Each parent provides the primary home of one or more children.
• The parents share the children’s time more or less equally.

Under both Supreme Court Family Rules and the Provincial Court Family Rules, an application for child support must be accompanied by a financial statement that discloses each parent’s financial circumstances (or, in some cases, only the payor’s circumstances).

These statements should include details of income, expenses, assets, and liabilities. They should also provide evidence in the form of tax returns for three years, notices of assessment and reassessment received for the last three tax years, the most recent paystubs, and any relevant financial statements from a business.

Usually, the parents’ income is the amount stated at line 15000 of the payor’s most recent tax return. However, there are exceptions to this rule, especially for self-employed parents

Imputing income for child support in BC

A parent who intentionally reduces their income through unemployment or under-employment will not benefit from a reduced child support obligation.

For instance, if a parent quits a job or gets fired and does not seek new employment or moves to part-time work without a good reason, the BC courts can impute or attribute income to the individual. The child support calculations will be based on the higher income and result in a higher monthly child support payment than would otherwise apply.

There are other situations where income may be imputed to parties in child support cases:

• Employment in the service industry, where tip income is received but not reported on tax returns.
• Self-employment, with company benefits not taken into account, such as a company car, paid meals, cell phone, etc.
• Refusal to provide full financial disclosure.
• Receipt of income from a trust.
• Hiding of financial assets.
• Underutilisation of available resources, such as a house that is unoccupied and could be rented out.

Imputed income can greatly affect both monthly support amounts and special expenses and extraordinary expenses. Legal assistance from a child support lawyer during a separation or divorce can help prevent decisions that adversely affect your long-term financial position.

If you need legal assistance with child support matters in the Langley area of British Columbia, DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a family lawyer today