Understanding the British Columbia Child Support Guidelines

Child support can be a tricky topic for newly separated parents sharing a child. When two parents separate, judges will use the Federal Child Support Guidelines alongside the British Columbia Family Law Act to ensure that their rulings on the matters of child support are fair and consistent for all involved parties while ensuring that the child's needs are kept as the primary consideration.

However, the guidelines regarding child support in British Columbia and Canada are complex, and can be very confusing for newly separated parents. As such, newly separated parents often encounter common questions and pitfalls regarding child support.

How is the Amount of Child Support Calculated?

Many people mistakenly believe that judges have complete discretion in determining child support amounts. In reality, judges are bound to the comprehensive guidelines set out in the Federal Child Support Guidelines as well as the Family Law Act to decide amounts of child support each parent owes one another. While there are many factors in how child support is calculated, the most important factors are:

• How much money each parent makes in a year,

• The amount of time each parent spends with the child or children, and

• The number of children between the two parents.

In addition, the court may consider additional special or extraordinary expenses (often referred to as Section 7 expenses), such as:

• Costs for child care facilities such as daycare,

• Medical and dental expenses not covered by insurance, such as healthcare premiums, psychologists, speech therapy, prescription drugs, hearing aids, glasses, and orthodontic treatments,

• Extraordinary expenses related to the child's primary, secondary, or post-secondary education,

• Extraordinary expenses for extracurricular activities, such as sports,

• Whether or not an amount of paid child support would cause the paying parent undue hardship.

What a court defines as special and extraordinary expenses can vary greatly depending on the specifics of each parent's agreement. For example, one parent may be expected to pay less child support to the other parent if that parent is paying for their child's sports equipment and expenses every year.

How Does the Amount of Time Each Parent Spends with their Child Affect Child Support Calculations?

Section 9 of the Federal Child Support Guidelines dictate how child support is affected by the amount of time each parent spends with their child. When both parents have the child at least 40% of the time, it is considered to be shared parenting. When two parents are found to be sharing their parental duties this way, courts will consider additional factors, such as the increased costs of shared parenting (such as transportation for the child between one another) as well as the financial circumstances of each parent.

A common misconception is that parents with shared parenting time agreements do not owe each other child support, as each parent is taking on approximately half of the burden of caring for the child. This is completely untrue, as parents may have vastly differing circumstances, which means that one parent may require more support than the other.

Can I Deduct Child Support Payments from my Taxes?

To put it simply, child support payments are not tax-deductible. Section 56.1 of the Income Tax Act states that a parent receiving parental or spousal support cannot tax payments they receive from the other parent, and that the paying parent cannot deduct the amount they pay from their taxes.

How Long Does Child Support Last?

In most, but not all cases, child support obligations in British Columbia last until the child turns 19 years old. It is a common misconception that child support obligations in British Columbia end when the child turns 18. Section 2 of the Divorce Act defines a "child of the marriage" as a child who is under the age of majority, or is at or over the age of majority but remains dependent due to illness, disability, or any other cause found suitable by the court. As the age of majority is 19 in British Columbia, this means that child support obligations do not end until a child turns 19 under normal circumstances.

It is also important to note that child support obligations may continue past the age of 19 in cases where a child remains dependent upon their parent or parents. Section 146 of the Family Law Act defines that a child for the purposes of child support includes individuals who remain dependent upon their parent or parents past the age of 19. A child can be considered as dependent on their parents for a number of reasons, including:

• Severe illness,

• Long-term disabilities, and

• Attendance at a post-secondary institution.

Can Parents Agree to a Different Child Support Arrangement?

It is a common misconception that a court will agree to any child support arrangement as long as both parents agree on it. The most important consideration in any child support agreement is whether or not the needs of a child are being met, and courts have the authority to overturn a child support agreement two parents agree on if they do not believe that the agreement is meeting the needs of the child as per Sections 148 through 150 of the Family Law Act.

Can Child Support be Enforced?

Should one parent fail to pay child support for any reason, the other parent can seek to have the parent's child support payments enforced through the BC Family Maintenance Agency (BCFMA). The BCFMA is empowered to ensure that child support agreements are enforced through a number of measures, including but not limited to:

• The garnishment of wages,

• The interception of tax credits and refunds, and

• The suspension of driver's licenses and passports.

It is important to note that a parent should not stop or reduce child support payments on their own for any reason without a court order or change reflected through an authorized process. Even if the circumstances by which a parent owes child support change, the terms of a child support order remain enforceable until they are changed by the court, and can result in enforcement action being taken against you. As such, it is imperative that you do not change or cease the payment of your child support without ensuring that you have taken the appropriate steps through the court.

What Should I Do if I Need Help with my Child Support Arrangements?

As every child support agreement is different, your best bet is to speak to a lawyer experienced in family law. A lawyer can provide you with tailored advice specific to your individual circumstances and make sure that you get the support you need.

Duncan and Associates represents clients in family law matters throughout Prince George and Northern British Columbia. Contact us today to make sure you get the help you need.