Child support basics
When parents separate (or have a child together outside of a relationship), one parent has to give the other parent money to help support the children. This money is called child support. Every child in BC has a right to be supported by both parents if:
- they’re under 19, or
- they’re 19 or over, but can’t take care of themselves because of illness, disability, or another reason, such as going to school full-time
A parent can’t refuse to pay child support simply because they don’t like the other parent, don’t approve of how the other parent will use the money, or aren’t receiving parenting time or contact. Basically, the parent the children live with most of the time is entitled to get child support from the other parent. If the children spend equal (or almost equal) time with both parents, the person with the higher income usually has to pay child support.
Calculating child support
To calculate how much child support you should receive, use the federal Child Support Table Look-up website. The amount is based on the Federal Child Support Guidelines. The federal government has already set the amount of child support to be paid based on the number of children you and the other parent have together and a payor’s gross annual income.
Make a support agreement without going to court
Many people come to an agreement about child support without having to go to court. They can then file their agreement with the court. If the agreement is filed with the court, it can be enforced. That means it’s treated in the same way as a court order. The agreement can be changed if the situation changes for either person.
If you want to make a support agreement without going to court, a family justice counsellor, child support officer, mediator, lawyer, or someone at a Justice Access Centre can help you work out what’s fair.
Resources to help you
Making an agreement after you separate and Who can help you reach an agreement? both have lots of useful information about making agreements without going to court.
And Write your own separation agreement can help you write a legally binding separation agreement, which includes a child support section.
If you and the other person can’t come to an agreement, one of you can apply to the court for an order for child support. See Final and interim court orders. (That page has links to the Family Law in BC website’s step-by-step guides on getting court orders in Provincial Court and Supreme Court.)
See the Family Law in BC website’s Child support page and the Child support page on Dial-A-Law by People’s Law School for more information.