Every parent has an obligation to support their child. The obligation to provide financial support for a child continues if the child’s parents separate. Unfortunately, post-separation child support obligations are not always met. The situation can quickly become complicated and stressful when a spouse falls behind on child support payments.
You have options if your spouse stops paying child support. In today’s article, our BC family lawyer will discuss child support basic and what you can do if child support isn’t being paid.
Who is eligible for child support?
Every dependent child in BC has a right to support. While child support is the right of the child, child support payments are received by a parent on behalf of the child.
The parent the child lives with most of the time is entitled to receive child support payments from the other parent. If the child spends equal or close to equal time with both parents (“shared parenting”), the parent with the higher income typically pays child support to the lower income parent.
How to calculate child support in BC
The calculation of child support is based on several factors. As we just discussed, the amount of time the child spends with each parent is a key factor.
When the child lives with one parent most of the time, the other parent (the “payor”) is the one who pays child support. The amount of child support is calculated using the Child Support Tables established by the Federal Child Support Guidelines, based on how much the payor earns, how many children they must support, and which province the payor lives in.
If the child lives with each parent at least 40% of the time, a set off approach is typically used. Each parent uses the Child Support Tables to calculate the amount they would pay to the other parent based on their gross annual income, the number of children, and their province of residence. The difference between the two amounts (the set-off) is paid by the higher earning parent to the lower earning parent.
You can use this child support calculator to determine child support payments. Note that the calculator won’t paint the whole picture in certain situations (payor is self-employed, payor’s income is over $150,000, payor’s income fluctuates from year to year, payor is intentionally unemployed or underemployed, etc.). You should contact a child support lawyer for assistance in those situations.
What does child support cover in BC?
Monthly child support payments are to cover the child’s daily needs and the basic costs of raising the child. The Table amount of child support is the payor parent’s contribution to expenses for the child including housing costs like rent, mortgage, heat, hydro and food, clothing and regular school costs.
Parents may also be required to contribute to other expenses over and above the basic “Table amount” of child support. These other expenses are known as “special or extraordinary expenses” or “section 7 expenses” because they are dealt with in section 7 of the Federal Child Support Guidelines. Examples include child care/daycare expenses, uninsured health and dental expenses, and post-secondary education costs.
The usual rule is that special or extraordinary expenses for the child are shared in proportion to each parent’s income, though the parents can agree otherwise. Parents often agree to share section 7 expenses equally.
Does remarriage affect child support in BC?
Generally speaking, remarriage or cohabiting with a new partner does not have an impact on the obligation to pay child support. The primary legal duty to support a child lies with the child’s natural parent—not their new partner. While there are a few exceptions, the general rule is that income of a payor parent’s new spouse or common law partner is not factored into child support calculations.
By that same token, if the parent who receives child support remarries or starts a new common law relationship, their new partner’s income will not disqualify the recipient parent from receiving child support and is not usually factored into the calculation of child support. BC’s Family Law Act states that a child has the right to benefit from the financial means of their natural parents. That means a paying parent’s obligation to pay child support is not reduced or eliminated simply because the recipient parent re-partners.
What happens if your spouse stops paying child support?
You have options if your spouse stops making child support payments. The options that are available to you will depend on your situation, so your best bet is to reach out to a BC divorce attorney for guidance.
If you don’t yet have a child support order or agreement in place, you have two options:
Exchange income information (e.g., income tax returns, pay stubs) with your ex-spouse, calculate the payment amount, and enter a written, legally enforceable child support agreement; or
Start family court proceedings requesting a court order compelling child support payments.
If you do have a child support order or written agreement in place but its terms aren’t being followed, your options will depend on factors such as the amount of arrears, the payor’s payment history, and current circumstances (the payor’s income has changed, your child’s living arrangements have changed, your child has turned 19 but you don’t agree that child support should end, etc.).
Enforcement options include:
Hiring a child support lawyer to negotiate with your ex-spouse to get payments flowing. Sometimes, intervention by a third party is all that is needed to get your ex to take their obligations seriously.
Applying to court for an order enforcing child support obligations and setting out a schedule for payment of arrears. BC family court judges take child support obligations very seriously and they have considerable powers, including the power to order fines for breach of an order, costs, and financial disclosure if your ex is refusing to provide up-to-date information about their income.
Registering with the BC Family Maintenance Agency (BCFMA), who will take steps to enforce child support obligations against the other parent on your behalf. Registering with BCFMA is free, and the BCFMA has many powers to enforce child support obligations (e.g. confiscating your former spouse’s driver’s licence or passport; garnishing wages and tax returns). But the BCMFA can only enforce agreements and orders that are specific about the amount, frequency, and duration of child support.
It's highly recommended that you consult with a BC family lawyer who can explain the pros and cons of each option so you can decide how to proceed.
Why it’s important to act without delay when a spouse stops paying child support
Regardless of the option you choose, you should act without delay. Back payment (referred to as retroactive child support) is possible, but it is typically time limited. The general rule of thumb is that retroactive child support will extend backwards three years from the date that you requested child support or gave “effective notice” to the other parent that you were requesting child support.
Reach out for legal advice from an experienced child support lawyer
Child support issues can be difficult to navigate. We want to make things easier for you.
If you want clear advice from an experienced BC family lawyer with respect to child support obligations and child support enforcement, contact Valerie M. Little Law Corporation. Ms. Little's practice is exclusively devoted to issues of family law in British Columbia.
No matter what family law questions or issues you might be facing, you will receive attentive care and understanding at the office of Valerie M. Little. For more information about our family law firm or to schedule a private in-office meeting or telephone consultation, please call 604-526-3333 or email valerie@family-law.ca. Valerie M. Little Law Corporation is a British Columbia family law firm that is centrally located in New Westminster and serves the surrounding areas of Burnaby, Maple Ridge, Coquitlam, Port Coquitlam, Vancouver, North Vancouver, West Vancouver, Port Moody, Richmond, Surrey, Cloverdale, Delta, and Langley.
Get the legal answers you need to any child support questions you may have. Contact Valerie today. You will be relieved you did.