Script 117 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

What is child support?
Child support, sometimes known as “maintenance,” is an amount paid by one parent to the other parent, for the financial benefit of the child. Child support is paid when relationship between the parents has ended. Normally, the parent who has the child for the least amount of time pays support to the parent who has the child for the most amount of time.

Why is child support paid?
All children have the right to receive financial support from their parents. The parent who has the child for the most amount of time supports the child in many different ways, including financially. The parent who has the child for the least amount of time pays child support to the other parent to help make sure that the child’s expenses are met.

Who has to pay child support?
Biological parents and parents who have adopted a child are obligated to pay child support, including when the parents are of the same sex, and when the parents are in a common-law relationship.

If a step-parent has contributed to the support and maintenance of the child for at least one year, they may also have to pay child support – even if the biological parent is also making a financial contribution. The claim for child support against a step-parent must be made within one year from the time the step-parent last contributed to the child’s expenses.

How do you get child support?
Child support can be worked out in a separation agreement. If you can’t agree, you can apply to the court for an order that child support be paid, giving notice of your application to the other parent. Also, if you are on income assistance, you can seek help from your support worker at the Employment and Income Assistance program.

Which court do you apply to?
You have two options. You may apply to either:

• the Supreme Court
• the Provincial Court (also known as Family Court)

Each court has its own set of documents, rules and procedures. Usually, it’s simpler and less expensive to obtain a child support order in Provincial Court. However, the Provincial Court cannot deal with claims for divorce or the division of property. In these cases, it’s usually better to proceed in Supreme Court, where everything can be dealt with in one proceeding.

How is child support determined?
The amount is determined by the Child Support Guidelines. The guidelines specify a certain amount of support, depending on the paying parent’s income and the number of children and became law on May 1, 1997. You can find the Child Support Guidelines on the federal Department of Justice website at www.canada.justice.gc.ca. Select “Programs and Initiatives” and then the “Child Support” link.

People who have orders or agreements about child support made before May 1, 1997 can go back to court if they wish to get an order under these guidelines. If a new order is made, the tax rules that apply will change – see script 133, “Income Tax Implications of Maintenance and Support,” for more information on this.

What are “special or extraordinary” expenses?
In some cases, you can apply to the court for a contribution for the child’s “special or extraordinary” expenses on top of child support. There are four types of special or extraordinary expenses the court can consider:  

• child care expenses, so the parent who looks after the child can work or obtain training
• medical or health related expenses for the child
• some educational expenses
• some expenses for extra-curricular activities

These types of expenses don’t automatically qualify as “special or extraordinary” expenses – the expenses have to be reasonable in light of the parent’s financial circumstances and the child’s needs. As a result, piano lessons might qualify as a special or extraordinary expense for one child but not for another.

How are “special or extraordinary” expenses paid?
When an expense qualifies as a “special or extraordinary” expense, both parents must contribute to the cost of the expense in proportion to their incomes.

If both parents have the same income, they would each pay for one-half of the cost of the expense. If parents have different incomes, they pay in the proportion of their income to the total income of both parents. For example, say a father has an income of $20,000 and a mother has an income of $30,000. Together, their incomes total $50,000. Of this total amount, the father earns $20,000 or 40%, and the mother earns $30,000 or 60%. The father would then pay for 40% of the cost of an expense and the mother would pay for the remaining 60% of the cost.

What if the parents share the care of the child or children?
If the paying parent looks after the child at least 40% of the time, the court can take this into account when deciding the amount of child support and may order that a smaller amount be paid than what the Child Support Guidelines require. In cases like this, the court will take a careful look at the financial circumstances of the parents and the needs of the children.

What if each parent has a child in their care?
If each parent has the primary care of one or more of the children, each parent is supposed to pay the full Guidelines amount of child support to the other parent for the children in the care of the other parent. The amount that changes hands is the difference between the higher amount and the lower amount.

For example, say that a father would have to pay a mother $400 per month for the children in her care, and the mother would have to pay the father $250 per month for the children in his care. The father would pay the mother $150, the difference between what he owes her and what she owes him.

What if the amount set by the Child Support Guidelines is too high or too low?
In certain rare circumstances the court can order that more child support or less child support be paid than what the Guidelines required. For this to happen, a parent must show that the payments required by the Guidelines would cause “undue hardship.” Undue hardship means that the required payments would be very unfair and cause a very significant financial problem.

When a claim of undue hardship is made, the court will look at the standard of living of each parent’s household, including the income from a new spouse or partner, and weigh each household’s standard of living against the other. Proving undue hardship is complicated and difficult, and you should speak with a lawyer.

Do you have to disclose your finances?
To obtain an order for child support, financial disclosure must be made. The paying parent must provide proof of their present income, together with their recent income tax returns, and other financial documents which may be important. In some cases, such as where the parents are paying for “special or extraordinary” expenses or share the children’s time, the receiving parent will also be required to make financial disclosure.

What is an “interim” support order?
After a claim is made for child support, the court will usually make an “interim” order meant to last until the claim is settled or goes to trial. These orders can be obtained relatively quickly. They will remain in effect until they are either changed by another interim order or made permanent.  

How long is child support paid for?
Child support is paid for as long as the child continues to fall within the legal definition of a “child.” In BC, a child is someone under the age of 19, or who is 19 or older but dependent on a parent. For example, a college student or an adult child with serious health problems may continue to qualify as a child even though they are 19 or older.

Can you get a child support order to cover the past?
Yes. Child support orders can be made to start at an earlier date. These are called “retroactive” orders. In general, the court will make a retroactive order where the parent seeking child support gave notice of his or her intentions to get or change a child support order.

What if circumstances change and child support needs to change?
Either parent can apply to have an order or agreement about child support changed if there is a change in circumstances. The law requires updated financial information to be exchanged each year or if there’s a change of income. If there has been a change, the Child Support Guidelines should be consulted to determine what new amount of child support should be paid.

What can you do if child support isn’t paid?
If your spouse or partner doesn’t pay the required child support, the government-run Family Maintenance Enforcement Program can help you. Program staff will help you collect support payments that are owed and monitor a support order to make sure payments continue to be made. For more information on this, refer to script 132, “Enforcing Maintenance, Support Orders and Agreements.”

Where can you get help or more information?

• Family Justice Counsellors in Family Justice Centres throughout BC can help you with understanding the Child Support Guidelines, preparing a separation agreement, and obtaining a support order in Provincial Court (but not Supreme Court). Their services are free. Phone 604.660.2421 in Greater Vancouver, 250.387.6121 in Greater Victoria or toll-free 1.800.663.7867 elsewhere in BC, and ask to speak with a Family Justice Counsellor in the Family Justice Centre nearest you. Also see the Family Justice website at www.ag.gov.bc.ca/family-justice.
• For more information about the Child Support Guidelines, a Child Support Office is available in Vancouver, Surrey, Kelowna and Nanaimo. Call 604.660.2084 in Vancouver or toll-free 1.888.227.7734 elsewhere in BC. 
• See the federal Department of Justice website at www.canada.justice.gc.ca, and search under “Programs and Initiatives” and then the “child support” link.

[updated January 2010]

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