Child support is money paid by one parent to the other to help cover the expenses associated with raising their children. The amount of child support payable is typically determined by tables outlined in the jurisdiction’s Child Support Guidelines.
These guidelines set the amount of support based on the number of children and the payor’s income, with the receiving parent’s income only considered in certain cases, such as shared custody. While there are some exceptions to the guidelines, the amount of child support is usually the figure set in the tables.
Child support calculators for different countries and provinces are available at timtab.com.
Every Child Has a Right to Support
In BC, every child has a right to receive financial support from their parents, regardless of the parents’ relationship or the amount of time spent with the child.
Even if the parent paying support doesn’t see or take care of the child, the obligation remains. Child support is not optional, and personal disputes between parents don’t affect this responsibility.
If the children live mostly with one parent, that parent is entitled to receive child support. When children spend equal or nearly equal time with both parents, the parent with the higher income generally pays support to the other.
Child Support Is Separate from Parenting Time
Paying child support and spending time with your child are completely separate matters. Even if one parent falls behind on child support, the other cannot stop them from seeing their child. Likewise, a parent cannot refuse to pay child support because they disagree with how the money is being spent. Child support is about the child’s right to financial support, not the parent’s.
How Much Child Support Will You Receive or Pay?
To calculate how much child support you may need to pay or expect to receive, refer to the Federal Child Support Guidelines provided by the Government of Canada. The amount is based on:
- The income of the parent paying support
- The number of children needing support
- The province or territory where the paying parent lives
You can find the official Federal Child Support Guidelines tables for each province.
For shared custody situations or more complex calculations, you may also use resources like MySupportCalculator to get an estimate based on your specific situation.
Shared Parenting
If your child spends at least 40% of the time with each parent, the child support calculation works a bit differently. In shared parenting situations, the parent with the higher income will generally pay support to the other parent. You can use MySupportCalculator to estimate this amount or seek help from duty counsel.
BC Child Support Recalculation Service (CSRS)
In BC, there is a free service called the Child Support Recalculation Service (CSRS), which reviews child support orders and agreements annually. The service adjusts the amount of support based on the paying parent’s updated income information. You might be eligible to use CSRS if:
- You have a child support order or agreement filed in Provincial Court.
- Both parents live in BC.
- The child support was calculated using the Child Support Guidelines tables.
Can the Amount of Child Support Be Different from the Table?
There are limited situations where the court may order a different amount than what the child support tables suggest. Some examples include:
- Undue hardship: If the amount of support would cause the paying parent severe financial difficulty. However, this must be exceptional, and the court will require detailed financial records to assess the claim.
- Step-parents: A step-parent may have to pay child support, but the amount can be less than that of a biological parent.
- Children over 19: Support may be reduced if the child is no longer in school full-time or can support themselves.
- Income over $150,000: If the paying parent earns more than this, the support amount can be adjusted.
Special or Extraordinary Expenses
In addition to basic child support, parents may have to share the cost of special or extraordinary expenses, which are covered under Section 7 of the Child Support Guidelines. These can include:
- Childcare costs while a parent is at work or school
- Medical or dental premiums covering the child
- Expenses for post-secondary education
- Tutoring or specialised educational support
- Private school fees
- Costs for sports, music, or art lessons
Both parents generally share these costs, regardless of who is paying basic child support.
How Long Must a Parent Pay Child Support?
Both the Divorce Act and the Family Law Act outline when child support ends. Typically, parents are required to provide support until:
- The child turns 19, or
- The child is 19 or older but cannot support themselves due to illness, disability, or because they are still in school.
Support may continue in these cases until the child can reasonably support themselves.
What is Undue Hardship?
Undue hardship refers to situations where the court believes the standard child support amount would place an excessive burden on the paying parent. This is a rare exception, and it can be difficult to prove. Examples of undue hardship include:
- Significant debt
- Financial obligations to children from other relationships
- High costs of supporting a disabled or ill person
- Excessive costs associated with visiting the child (e.g., long-distance travel)
The court will consider the living standards of both households before granting an undue hardship claim, ensuring that the paying parent’s household doesn’t end up with a higher standard of living than the one receiving support.
Income Tax Rules on Child Support
Child support payments are neither taxable nor tax-deductible in Canada. If you are receiving child support, you don’t have to include it as income. If you are paying child support, you cannot claim it as a deduction on your taxes.
Do You Have to Go to Court?
Many parents reach agreements about child support without going to court. These agreements can then be filed with the court and are treated the same as court orders. Once filed, the agreement becomes enforceable and can be modified if circumstances change for either parent.
If you’re struggling to reach an agreement, a lawyer, family justice counsellor, mediator, or someone from a Justice Access Centre can help. If an agreement isn’t possible, you can apply to the court for a child support order.
Sharing Financial Information
To determine a fair amount of child support, both parents must share their financial information. If the matter goes to court, both the Supreme Court and Provincial Court have rules requiring the disclosure of financial details, including income tax returns and statements of income.
If one parent refuses to provide their financial information, the court can order them to do so. Failing that, the court may “impute” income, meaning they’ll estimate the parent’s income based on available evidence, such as salary data for similar jobs or statements made by the parent.
Cancelling or Reducing Arrears
Arrears are unpaid child support payments. While rare, a judge can reduce or cancel arrears, but only if there is a compelling reason. If you are behind on payments and facing a court hearing, seek legal advice to understand your options.
Canada’s Bureaucratic System
Canada’s child support system is needlessly complex and bureaucratic. We can see this by comparing it to Australia’s relatively streamlined, national approach.
For parents in Canada, the problems start with the decentralised structure. Each province has its own enforcement programs and recalculation services, forcing parents to navigate different rules depending on where they live. This can become especially frustrating if one parent moves to another province, adding layers of red tape.
In contrast, Australia’s system is centralised under Services Australia, offering a consistent process across the country. This eliminates the need to deal with multiple authorities. For example, this child support calculator for Australia from Child Custody Solutions works for every location without modification.
Another hurdle in Canada is the manual recalculation process. Parents must request adjustments and provide updated income information, creating extra steps. Australia’s system, by comparison, automatically recalculates child support using tax data, reducing the administrative burden on parents.
Finally, enforcement in Canada can be fragmented, requiring coordination between provincial authorities, whereas Australia’s unified system ensures efficient and straightforward enforcement regardless of location.
Source: Child Support Australia
