Overview
Understanding Support Obligations in BC
Child support is a right of the child, not the parent. In British Columbia, both parents have an obligation to support their children financially based on their income. The Federal Child Support Guidelines provide a formula to calculate base child support amounts, with additional contributions for special and extraordinary expenses like childcare, medical costs, and extracurricular activities.
Spousal support (also called alimony or maintenance) is a separate obligation that one spouse may have to the other after separation. Entitlement to spousal support depends on factors like the length of the relationship, roles during the relationship, and the economic consequences of separation. The Spousal Support Advisory Guidelines provide ranges for amount and duration.
Support obligations can be established through a separation agreement or court order. They may be varied if there is a material change in circumstances, such as a significant income change, job loss, or the child reaching an age of self-sufficiency. Support enforcement is handled by the Family Maintenance Enforcement Program (FMEP) in BC.
Our Vancouver family lawyers have extensive experience in support matters, from negotiating fair arrangements to litigating complex cases involving hidden income, business owners, and retroactive support claims. We ensure our clients understand their rights and obligations under the law.
Our Support Services
- Child Support Calculations & Agreements
- Spousal Support Entitlement Analysis
- Section 7 Expense Allocation
- Income Determination for Self-Employed
- Retroactive Support Claims
- Variation of Support Orders
- Support Enforcement & FMEP
- Imputed Income Applications
- Undue Hardship Claims
- Adult Child Support
Determining Support
Financial disclosure
Both parties must provide complete financial disclosure including income, tax returns, and expenses to calculate support accurately.
Income determination
We determine each party's income, including adjustments for business owners, self-employed individuals, and those with non-employment income.
Guideline calculation
Child support is calculated using the Federal Guidelines tables. Spousal support uses the Advisory Guidelines to determine ranges.
Negotiation
We negotiate the support amount, including section 7 expenses and spousal support, to reach a fair agreement.
Agreement or order
We document the support arrangement in a binding separation agreement or obtain a court order if agreement cannot be reached.
Frequently Asked Questions
How is child support calculated in BC?
Child support is calculated using the Federal Child Support Guidelines, which provide tables based on the payor's income and the number of children. If both parents have the children for at least 40% of the time (shared custody), support is calculated by offsetting each parent's table amount. Section 7 expenses (childcare, medical, extracurricular) are shared in proportion to incomes in addition to base support.
When does child support end in BC?
Child support generally continues until the child is 19, which is the age of majority in BC. However, support may continue beyond 19 if the child is unable to withdraw from parental charge due to illness, disability, or pursuing post-secondary education. The payor must continue paying until a court order or agreement terminates the obligation.
Am I entitled to spousal support?
Entitlement to spousal support depends on several factors: the length of the relationship, whether one spouse sacrificed career advancement for the relationship or childcare, the economic impact of separation on each spouse, and whether there is a significant income disparity. Common-law partners can also claim spousal support if they meet the definition of 'spouse' under BC law.
How long does spousal support last?
The duration of spousal support depends on the length of the relationship and the nature of the support claim. The Spousal Support Advisory Guidelines suggest duration ranges based on these factors. Short marriages without children may warrant support for 50% to 100% of the relationship length. Long marriages (20+ years) may result in indefinite support, especially for older recipients.
What if my ex isn't paying support?
BC's Family Maintenance Enforcement Program (FMEP) can enforce support orders and agreements filed with them. FMEP can garnish wages, seize bank accounts, intercept tax refunds, suspend driver's licenses and passports, and register liens against property. You can enroll in FMEP for free enforcement services. If there are arrears, we can also bring a court application for enforcement.