The amount of British Columbia child support and duration of BC child support for parents of children living in BC is calculated by reference to the Divorce Act , the BC Family Relations Act, the Federal Child Support Guidelines all of which apply to child support determination in British Columbia. Pease refer to our free BC Child Support calculator at this website under the Calculators tab.
In all cases, the amount of BC child support is calculated on the basis of Canadian Child Support Guidelines, which stipulate the support payable. The amount of support is based on the income of the non-custodial parent, generally without regard to the income of the custodial parent EXCEPT FOR SECTION 7 special and extraordinary expenses BUT both BC parents incomes and possibly that of their new partners can be used when the parties share near equal contol and child custody of the BC children to calculate a child support order.
In addition to a basic amount of child support, the court can also order the parents to share the cost of such additional expenses as day-care, medical and dental expenses, university education and extracurricular activities.
In BC, child support is generally paid until a child is 19 years old, although the payments can continue beyond the age of 19 if a child remains dependent because of illness, disability or the pursuit of post-secondary education.
It is important to be aware that child support is not tax-deductible and is not taxable income for the parent receiving the support.
Who is Liable to Pay Child Support?
Typically, the non-custodial parent pays child support to the custodial parent for the care and maintenance of the child. Whether an individual qualifies as a parent and is liable for support is determined under either the federal Divorce Act or the British Columbia Family Relations Act.
If the parties are unmarried or do not wish to divorce, child support is governed by the Family Relations Act.
Where the parties are married and intend to divorce, child support may be sought under either the federal Divorce Act or the Family Relations Act. The Court will make an order pursuant to the legislation that is most favorable to the interests of the child.
The Divorce Act
Under the Divorce Act, a person ending a marriage may be required to pay support for a child of the marriage.” This phrase is defined broadly and includes children who are:
1.A child of both of the spouses;
2.A child for whom both the spouses stand in the place of a parent”; or
3.A child for whom one spouse is a parent and the other spouse stands in the place of a parent.”
In determining whether a person stands in the place of a parent” the Court will look at the following factors:
1.Whether the child participates in the family as would a biological child;
2.Whether the person provides financially for the child;
3.Whether the person disciplines the child as a parent;
4.Whether the person represents to the child, the family, the world, either explicitly or implicitly, that the person is a parent to the child; and
5.The nature or existence of the child’s relationship with the absent biological parent.
The Family Relations Act
If the parties are not married at the time of separation, are not seeking a divorce, or an application is brought pursuant to the Family Relations Act, a different test applies to determine whether a person is obligated to pay child support.
Under the Family Relations Act, it is not necessary for a person to stand in the place of a parent” in order to be liable for support. Instead, a person who is neither the biological or adoptive parent of a child may be liable for child support if the person has made a financial contribution towards the support of the child.
An individual becomes a parent” and thereby liable to pay support if they are a guardian of the child or if the person is a stepparent” of the child and contributed to the support of the child for at least one year.
A person is a stepparent under the Family Relations Act if:
1.The person is or was married to a parent of the child; or
2.The person lived with the parent of the child in a marriage-like relationship for a period of at least two years.
To recover support from a stepparent, it is necessary to commence proceedings within one year after the last date that the stepparent contributed to the support and maintenance of the child.
The Contribution Period
The one year period of contribution to the maintenance and support of the child need not be a continuous period. It may include contributions before marriage to the birth parent. It is not relevant whether the marriage occurred before or after the birth of the stepchild.
Sharing household expenses is generally considered a contribution sufficient to give rise to an obligation of child support. Trivial or sporadic expenditures, however, are not generally considered a contribution. Similarly, a stepparent’s occasional kindness or generosity towards the stepchild will not give rise to a support obligation. However, where a stepparent puts the child on his or her medical benefits plan, that may be considered a sufficient contribution to give rise to a duty of support.
Extent of the Obligation
The obligations of the stepparent are not secondary to those of the birth parents. However, the obligation to pay support must be apportioned fairly between the birth parents and other persons who are liable to pay support. In some cases, where there are several persons obligated to pay child support and the circumstances otherwise warrant it, the Court may consider a stepparent’s support obligations to be discharged.
