Is Your Child Support Outdated?
Child support is one of the most important—and commonly misunderstood—elements of family law in British Columbia. Whether you’re going through a separation, revisiting an old agreement, or simply wanting to understand your rights and responsibilities, it’s good to know how child support works, when it’s payable, and how it may change over time.
When Is Child Support Payable?
In BC, both parents have a legal obligation to support their children financially. This responsibility exists regardless of whether the parents were ever married or lived together. Generally, child support is payable when the child is primarily in the care of one parent or where both parents share time but one earns more than the other.
Support is usually payable until the child turns 19. In some cases—such as when the child is pursuing post-secondary education or is unable to live independently due to illness or disability—support may continue beyond age 19.
Parenting Arrangements Matter
The amount and structure of child support can vary depending on the parenting arrangement in place. The most common scenarios are:
- Primary Residence with One Parent:
When the child primarily resides with one parent (meaning the other parent has less than 40% of parenting time), the paying parent typically pays the full amount of child support according to the Federal Child Support Guidelines. This amount is based on the paying parent’s gross annual income and the number of children.
- Shared Parenting (40% or More):
When parenting time is shared more evenly—typically when each parent has the child at least 40% of the time—the situation becomes more nuanced. In these cases, both parents’ incomes are considered, and child support is usually determined by a set-off method. This means calculating what each parent would owe the other under the Guidelines, then subtracting the lower amount from the higher. The parent with the higher income pays the difference.
The ‘set-off’ approach does not always apply. There are some situations that call for child support to be modified if it is highly unfair for a party to pay support, given the means of the parties (and partners) and needs of the children.
- Split Parenting:
This less common situation arises when there are two or more children, and each parent has primary care of at least one child. In this case, child support is calculated separately for each child and offset accordingly.
Orders, Agreements, and Reviews
Child support can be determined in two main ways: by court order or separation agreement. Once in place, the support amount is legally binding and enforceable. However, it’s important to note that child support is not a “set it and forget it” obligation, or at least it shouldn’t be.
Both court orders and agreements should include a provision for periodic review. Most often, this is supposed to happen annually. Reviews are critical because child support is based on current income, not the income at the time the order or agreement was made. Over time, a parent’s income may go up or down a good amount, and the child’s needs may change as well.
Unfortunately, many people forget to conduct these reviews. As a result, one parent may end up overpaying or underpaying child support for years—something that can lead to financial strain or legal complications later on.
Don’t Leave It to Chance
If you are paying or receiving child support, or if your circumstances have changed since your original agreement or order, it’s a good idea to review the arrangement with a qualified family law lawyer. Whether you’re seeking a recalculation, exploring enforcement options, or considering a new parenting schedule, good legal advice can help you minimize stress, secure reasonable support, and ensure fairness for everyone involved—especially the children.
At Race & Co. LLP, we help families across British Columbia understand and navigate their child support responsibilities with clarity and confidence. We have lawyers who are equally comfortable in court or outside of court, whether in mediation or using ‘collaborative law’, which is fast becoming known as “a kinder way to divorce”. If you have questions or would like to review your current arrangement, contact us today to schedule a consultation with one of Race & Co.’s team of family law lawyers.
