In British Columbia, child support is governed by the Divorce Act, Family Law Act, and the federal Child Support Guidelines (CSG). These guidelines outline the rules and formula for determining the amount of child support that a parent or guardian is required to pay. The CSG provides support tables that set out the amount of child support payable based on the following criteria:
- Province
- Number of children
- Payor’s income
Determining The Amount Of Child Support Paying Using The CSG
To determine the base amount of child support payable, the following steps are followed:
- Determine the number of eligible children.
- Establish the income of both parents.
- Determine the base amount of child support payable according to the CSG support tables.
- Confirm which expenses will be considered special expenses or extraordinary expenses.
- Determine the amount of special expenses or extraordinary expenses.
- Allot the special expenses or extraordinary expenses between the two parties in accordance with their respective incomes.
Special Expenses And Extraordinary Expenses
In addition to the base amount of child support payable, parents or guardians may be required to contribute to special expenses or extraordinary expenses, which can include, but are not limited to:
- Medical expenses
- Childcare costs
- Extracurricular activities
- Post secondary education costs.
Exceptions To CSG – When Will The Courts Deviate?
While the Courts typically look to the CSG guidelines when determining the amount of child support payable, the Courts may deviate from the federal guidelines in specific situations, taking into consideration the relevant circumstances, including:
- Age of majority: Courts may deviate from the CSG amounts if the child is over the age of majority in the relevant province (19 years of age in BC).
- Higher income: Courts may deviate from the CSG amounts if payor’s income exceeds $150,000 per year.
- Stepparent: Courts may adjust the CSG amounts if it can be established that a stepparent should not be responsible for child support or should only be responsible for a minimal amount of child support.
- Undue hardship: Courts may deviate if either party can demonstrate that the CSG calculation would cause them undue hardship.
The CSG Under The Divorce Act
Child support can be claimed under the Divorce Act either in a divorce proceeding or in a proceeding for corollary relief alone. However, at least one of the parties must be a resident of the province where the proceeding is brought.
The CSG will typically guide the Courts in determining the amounts of child support awarded, except in the following circumstances:
- Special award: Courts may award a different amount if special provisions in an Court order or agreement directly or indirectly benefit the child.
- Consent: Courts may award a different amount if they obtain consent from both parties, provided that reasonable arrangements are made to adequately support the child.
The CSG Under The Family Law Act
The CSG will typically guide the Courts in determining the amount of child support awarded, except in the following circumstances:
- Consent: Courts may award a different amount if they obtain consent from both parties, provided that reasonable arrangements are made to adequately support the child.
- Agreement: If the parties are in agreement regarding the financial duties of the parents or guardians, or special provisions have been made, and the CSG calculations would be inequitable, the courts may approve a different amount.
How Northam Can Help
At Northam, we are here to help you understand how child support is calculated and what you or your spouse may be required to pay. If you are going through a divorce and are uncertain about your right to claim child support, contact us today and we will help you understand your rights.
