Child Support

Child Support Process in Duncan

The process of arranging child support is one of the most important aspects of a separation or divorce between parents.

Having arrangements in place to provide financial support for your child’s needs can ease some of the pain of separation for all concerned. 

It helps if you understand the process you need to go through to confirm who needs to pay what and when.

What are the laws that govern child support in British Columbia, and how do you calculate payments? How do you modify child support arrangements if circumstances change in the future?

Jennings Family Law in Duncan, BC is here to assist with all your questions about child support to help reduce the stress and confusion for families.

What are considered child support payments in British Columbia?

Child support payments in British Columbia (BC) are financial contributions made by one parent to the other for the financial care and support of their child or children. Here are key details about child support payments in BC:

Legal Obligation

Both parents have a legal obligation to financially support their child, regardless of their marital status. This obligation applies whether the parents are together or separated.

Child Support Guidelines

BC follows the Federal Child Support Guidelines, which provide a framework for determining the amount of child support. These guidelines consider the paying parent’s income, the number of children, and the province in which the paying parent resides.

Calculation of Child Support

Child support is calculated based on the paying parent’s gross income and the number of children. The guidelines provide a table that specifies the basic monthly child support amount based on these factors.

Additional Expenses

In addition to the basic child support amount, parents may be responsible for sharing additional expenses related to the child’s special needs, education, extracurricular activities, and healthcare costs. These expenses are typically divided between the parents in proportion to their respective incomes.

Factors Affecting Child Support

The court may consider additional factors when determining child support, such as the child’s standard of living before the separation, any special needs of the child, and the income and financial circumstances of both parents.

Enforcing Child Support Orders

Child support orders in BC can be enforced through various means, including wage garnishment, enforcement measures by the Family Maintenance Enforcement Program (FMEP), and legal actions.

Modification of Child Support

Child support orders can be modified if there is a change in circumstances, such as a significant change in income or the child’s needs. It is important to apply for a modification through the court if a change is warranted.

Duration of Child Support

Child support typically continues until the child reaches the age of majority, which is 19 years old in BC. However, child support may continue beyond that age if the child is pursuing post-secondary education or has special needs.

What is BC’s Family Law Act?

The BC Family Law Act is a legislation that governs family law matters in the province of British Columbia, Canada. It provides a comprehensive framework for resolving issues related to marriage, separation, divorce, parenting arrangements, child support, spousal support, and property division. Here are key features of BC’s Family Law Act:

1. Purpose: The Family Law Act aims to promote the best interests and well-being of children, protect the rights and interests of family members, and encourage fair and timely resolution of family law disputes.
2. Parenting Arrangements: The Act emphasizes the importance of meaningful relationships between children and their parents. It encourages parents to make arrangements that are in the best interests of the child, considering factors such as the child’s age, needs, and wishes.
3. Guardianship: The Act recognizes the concept of guardianship, which involves the rights and responsibilities of parents or other individuals who play a significant role in a child’s life. It outlines the decision-making authority and responsibilities of guardians.
4. Child Support: The Act establishes guidelines for calculating child support payments based on the paying parent’s income and the number of children. It sets out the financial obligations of parents to support their children and provides mechanisms for enforcement.
5. Spousal Support: The Act addresses spousal support, which is financial assistance provided by one spouse to the other after the breakdown of a marriage or relationship. It sets out factors to be considered when determining the amount and duration of spousal support.
6. Property Division: The Act governs the division of property between spouses when their relationship ends. It establishes rules for the equal division of family property acquired during the relationship, while recognizing certain exceptions and considerations.
7. Dispute Resolution: The Act encourages parties to resolve their family law issues through negotiation, mediation, or other alternative dispute resolution processes. It provides resources and mechanisms to facilitate dispute resolution and reduce the need for court intervention.
8. Protection from Family Violence: The Act acknowledges the importance of protecting family members from violence and abuse. It includes provisions related to protection orders, restraining orders, and remedies for victims of family violence.

The BC Family Law Act aims to provide clarity, fairness, and a child-centered approach to family law matters. It is important to consult with a family law lawyer to understand the specific provisions and implications of the Act in individual cases.

How to calculate child support in BC

Calculating child support in British Columbia (BC) involves considering several factors and following a specific formula outlined in the Federal Child Support Guidelines. Here is an overview of how child support is calculated in BC:

1. Determine the Payor’s Income: The first step is to determine the gross income of the parent who will be paying child support. This includes employment income, self-employment income, rental income, investment income, and other sources of income.
2. Adjust for Allowable Deductions: Certain deductions, such as income taxes and mandatory employment-related deductions, can be subtracted from the payor’s gross income to arrive at the net income.
3. Consider Special Circumstances: In some cases, special circumstances may warrant an adjustment to the payor’s income. This could include situations where the payor has a significant amount of debt or is financially supporting another child.
4. Identify the Number of Children: Determine the number of children for whom child support is being calculated. The amount of child support will increase with each additional child.
5. Consult the Child Support Table: Use the BC Child Support Table, which is part of the Federal Child Support Guidelines, to find the basic monthly child support amount corresponding to the payor’s income and the number of children.
6. Adjust for Shared Parenting: If the children spend a significant amount of time with both parents (shared parenting), a different calculation method may apply. In such cases, the respective incomes of both parents and the number of children are considered to determine the appropriate child support amount.
7. Additional Expenses: Child support typically covers basic expenses. However, additional expenses, such as child care costs, medical expenses, and extracurricular activities, may be divided between the parents in proportion to their incomes.

It’s important to note that child support calculations can be complex, and individual circumstances may require further consideration. Consulting with a family law lawyer at Jennings Family Law in Duncan, BC who can provide more accurate calculations based on your unique situation.

Changing child support payments in British Columbia

To change child support payments in British Columbia, you generally need to follow these steps:

1. Assess the Need for Change: Determine if there has been a significant change in circumstances that justifies a modification of child support payments. This could include a change in the income of either parent, a change in the child’s needs, or a change in the parenting arrangements.
2. Attempt Negotiation: If you and the other parent can communicate effectively, try discussing the proposed change in child support payments and reach a mutual agreement. You may want to seek the assistance of a mediator or family law professional to facilitate the negotiation process.
3. Seek Legal Advice: Consult with a family lawyer to understand your rights and options regarding the modification of child support. They can provide guidance based on your specific circumstances and explain the legal process involved.
4. Prepare Documentation: Gather relevant documentation that supports your case for modifying child support payments. This may include financial statements, income documents, proof of changed circumstances, and any other relevant evidence.
5. File an Application: If negotiation fails or is not feasible, you may need to file an application with the court to request a formal change to the child support order. The court will review the application and consider the evidence presented.
6. Attend Court Proceedings: Depending on the complexity of the case, you may be required to attend court proceedings, such as a case conference or a hearing. During these proceedings, both parties present their arguments and evidence, and the court makes a decision based on the best interests of the child.
7. Obtain a New Child Support Order: If the court approves the modification, a new child support order will be issued. It is essential to comply with the terms of the new order to ensure proper payment of child support.

Note: If you are already paying child support under a written agreement or court order, it is important to continue making the payments until a new child support order is obtained. Failure to pay child support as ordered can have legal consequences.