Understanding Child Support Laws in BC: A Comprehensive Guide

Child Support in BC

Child Support (also referred to as maintenance) is a right of the Child. It represents the legal obligation for financial support that parents have toward their children following a Separation or Divorce. This financial support is typically established through a formal court order or a written agreement between the parents.

Understanding Child Support

Child Support is money paid by one parent to another parent to help support their children after Separation or Divorce. This fundamental right belongs to the child, not the parent, which is why parents cannot waive receiving Child Support. The obligation extends beyond biological parents – step-parents may also be responsible for Child Support if they have lived with the child and assumed a parental role by contributing to the child’s support and care.

How is Child Support Calculated?

The Federal Child Support Guidelines establish a clear framework for determining support amounts. These calculations consider several key factors:

• Number of children requiring support
• The gross income (before taxes) of the paying parent
• The province or territory where the paying parent resides
• The parenting arrangements and time spent with each parent
• Both parents’ financial means and circumstances

The Guidelines provide consistency and fairness in Child Support calculations across British Columbia. However, there are circumstances where the court may deviate from the Guidelines to ensure the best interests of the child are met. This flexibility can add complexity to determining and calculating appropriate Child Support amounts.

to do quick calculations click here: 2017 Child Support Table Look-up

Duration of Child Support Payments

Child Support obligations typically continue until the child reaches the age of majority (19 years in British Columbia) when the child primarily resides with the other parent. However, Child Support may extend beyond this age in several situations:

• The child is pursuing post-secondary education
• The child cannot withdraw from parental care due to illness or disability
• The child is unable to become self-supporting due to other significant circumstances

Modifying Child Support Orders

Changes in life circumstances may necessitate modifications to existing Child Support arrangements. The law requires demonstration of a “material change in circumstances” to vary existing Child Support amounts. What constitutes a material change depends on the specific details of each case and can include:

• Significant income changes
• Employment loss or modification
• Changes in the child’s primary residence
• Alterations in parenting time arrangements
• New financial obligations affecting ability to pay

Enforcing Child Support Orders and Agreements

The British Columbia Family Maintenance Enforcement Agency (BCFMA) – formerly known as Family Maintenance Enforcement Program (FMEP) – provides free services to help enforce Child Support orders and agreements. For successful enforcement through BCFMA, Child Support orders or agreements must be:

• Clear and specific in their terms
• Unambiguous in payment obligations
• Properly registered with the enforcement program
• Legally valid and current

The BCFMA has various enforcement tools available, including:

• Income garnishment
• Federal payment interception
• Driver’s license restrictions
• Passport denials
• Property liens

These enforcement mechanisms help ensure children receive the financial support they are entitled to under the law.

Get Professional Support

Understanding your rights and obligations regarding Child Support can be complex. Our Child Support lawyers can help you:

• Calculate appropriate support amounts
• Navigate the Guidelines
• Modify existing arrangements
• Enforce payment obligations
• Ensure your children’s financial needs are met

Contact our Child Support lawyers to understand your rights and obligations under British Columbia’s family law framework and ensure your children receive the support they deserve.