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.

This script discusses getting child support if you and your spouse or partner separate or divorce.

What is child support?
All children have the right to receive reasonable and necessary financial support from their parents. Child support is money paid by one parent to another parent, for the benefit of the child, after the parents’ relationship breaks down. The support payments (sometimes known as maintenance payments) ensure that the child’s expenses are reasonably met. Normally, the parent with whom the child lives most of the time receives the payments on behalf of the child.

Who has to pay child support?
Biological parents and parents who have adopted a child are obligated to pay child support. 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 support – even if the biological parent is making a financial contribution. But the claim for child support against a step-parent must be made within one year of the date the step-parent last contributed to the child’s financial expenses. Also, common-law as well as same-sex relationships may create support obligations too.

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.

You have two options if you go to court
You may apply to either:

• the Supreme Court, or
• the Provincial Court (also known as Family Court).

The court documents and some of the rules and procedures are different depending upon which court you apply to. Usually, it’s simpler and less expensive to obtain a child support order in Provincial Court. But if you’re also seeking a divorce or asking for a share of the property, Provincial Court is unable to deal with those issues. So in either or both of these cases, it’s usually better to proceed in Supreme Court, where all matters can be dealt with in one proceeding.

The amount of child support 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. These guidelines became law on May 1, 1997, and were revised on May 1, 2006. You may find the Child Support Guidelines on the federal Department of Justice website at www.canada.justice.gc.ca under the “child support” link.

People who obtained child support orders or made agreements before that date 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 – refer to script 133 on “Income Tax Implications of Maintenance and Support” for more information on this.

What if there are special expenses for the child?
In some cases, you can apply to the court for an additional contribution for “special or extraordinary” expenses. 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

Each parent is expected to contribute to these special expenses in proportion to their income. For example, if the parents have equal incomes, they would each pay one-half of the special or extraordinary expenses. If one parent earns twice as much as the other, then that parent would pay two-thirds of the special expenses and the lower earning parent would pay one-third.

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 will take this into account when deciding the amount of support, and usually orders that a smaller amount be paid than what the Child Support Guidelines say. To deal with these cases, the court takes a detailed look at the financial circumstances of the parents and the particular 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, the child support to be paid by each parent for the children in the other parent’s care is calculated and set off against each other. The parent who would end up paying the higher amount then pays the difference to the other.

What if you can’t afford the amount set by the Child Support Guidelines?
In certain circumstances, where it can be shown that the payments required would cause “undue hardship” for the child or either parent, the court can raise or lower the amount. Undue hardship means it would be very unfair or cause great deprivation. Showing undue hardship is complicated and very difficult, however, so you’d need to speak with a lawyer.

To obtain an order for child support, financial disclosure must be made
The paying parent must provide recent proof of their income, together with their recent income tax returns. The income that is normally considered is that which is declared on line 150 of the paying parent’s most recent income tax return, or their “total income.” In some cases, for example, where undue hardship is claimed or special expenses are sought, the receiving parent may be required to disclose their finances as well as the paying parent.

What is an “interim” support order?
After a claim is made for child support, a court usually makes an “interim” order. These orders can be obtained relatively quickly. Interim support is usually in place while people are waiting for their divorce to become final, or until a comprehensive agreement or final court order is in place. Interim support arrangements remain in effect until they’re 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 over but dependent on a parent. For example, a university student or someone with health problems requiring financial support may remain a child, even though they’re 19 or over.

Can you get a child support order to cover the past?
Yes. Child support orders can be made retroactively, i.e. for the past, particularly if you gave notice to the other parent of your need for child support or your intent to pursue maintenance or an increase in support payments.

What if circumstances change?
Either parent can apply to have a child support order or agreement changed or varied if there’s 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 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. Staff can 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 on the “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, call the Family Justice Services information line at 604.660.2192 in Greater Vancouver or toll-free 1.888.216.2211 elsewhere in BC.
• Also see the federal Department of Justice website at www.canada.justice.gc.ca, and search under the “child support” link.

[updated January 2007]

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