- Child support is the child's legal right, and parents cannot agree that none is owed.
- The court must follow the child support guidelines, which start from the paying parent's income.
- Once you have an order or filed agreement, you can enrol it with the BC Family Maintenance Agency if payments stop.
If you are separated, or were never married, you can still ask for child support.
This article covers what a court looks at and how to prepare. The exact forms, filing steps and service rules are set by the court, so confirm them with the court registry or a lawyer before you file.
This article covers the law of British Columbia.
Who can be asked to pay
Each parent and guardian has a duty to support a child. A non-parent guardian's duty is secondary to that of the child's parents.
A stepparent has a duty only if they contributed to the child's support for at least one year and a proceeding is started within one year after their last contribution. That duty is secondary to the parents' and guardians' duties.
How the amount is worked out
Child support orders under the Family Law Act must follow the child support guidelines, and the Federal Child Support Guidelines supply the tables and the method. The usual starting point is the table amount for the paying parent's province, plus any section 7 special or extraordinary expense amount. For a paying parent living in British Columbia, you find the number of children and the income row in $1,000 steps. Monthly support is the basic amount for that row plus a percentage of income over the row's floor figure.
The Guidelines give a British Columbia example: for 2 children and $51,250 of income, the amount is $807 + 1.54% × ($51,250 − $51,000) = $810.85. The current table figures took effect on 2025-10-01, and earlier versions had lower amounts. The table is not always the final answer. If the paying parent's income is over $150,000, the court may apply the table or may set the table amount for the first $150,000 plus an amount it considers appropriate for the balance. If each parent has at least 40% of parenting time with a child over a year, the court must consider each parent's table amount, the increased costs of shared arrangements and each parent's circumstances. If each parent has majority parenting time with at least one of two or more children, support is the difference between the amounts each would otherwise pay.
Income documents and disclosure
A parent's annual income is determined from the 'Total income' heading of the T1 General tax form, adjusted under Schedule III. An applicant must include the other parent's income tax returns for the three most recent taxation years, and the respondent must provide income documents within 30 days if in Canada or the U.S., or 60 days elsewhere.
- If the other parent is self-employed or owns a corporation, the court may include some or all of the corporation's pre-tax income.
- The court may impute income where a parent is intentionally under-employed or unemployed.
- If both parents agree in writing on a parent's income, the court may accept it if reasonable.
Agreements, enforcement and tax
A child support agreement is binding only if made after separation or when the parties are about to separate, and a court may set aside or replace it if it would order something different. A written agreement filed in court is enforceable as if it were a court order.
If support is late or unpaid, enrol a written agreement or order with the BC Family Maintenance Agency, which can enforce it if necessary; an agreement must first be filed with the court registry. Child support paid under an order or agreement made after April 1997 is not deductible by the payer and does not have to be included in the recipient's income.
What to do next
- Confirm the current forms, filing steps and service requirements with the court registry or a lawyer.
- Collect your own income records and, if you can, the other parent's recent tax returns.
- Write down the children's living arrangements and the section 7 costs you want to claim.
- Do not link support to parenting time; they are separate issues.
- Once you have an order, consider enrolling it with the BC Family Maintenance Agency.
Frequently asked questions
Can we agree that no child support is owed?
No. A parent cannot make an agreement saying the other parent does not have to pay child support, because support is the child's legal right.
How long does child support last?
The duty generally continues until the child turns 19, but it can end earlier or later depending on the child's circumstances. A child who cannot obtain the necessaries of life or leave their parents' charge because of illness, disability or another reason can still be a child for support purposes after 19.
What if the other parent does not pay?
If you have a written agreement or order, you can enrol it with the BC Family Maintenance Agency, which can enforce it if necessary. An agreement must first be filed with the court registry.
Can the order change later?
Yes. A court may change, suspend or terminate a child support order on application. The BC Child Support Recalculation Service also reviews eligible orders each year using the paying parent's income tax information.
Sources
- Family Law Act, Part 7 (BC Laws) — bclaws.gov.bc.ca
- Federal Child Support Guidelines (SOR/97-175) — Justice Laws (federal)
- Federal Child Support Guidelines, Schedule I notes — Justice Laws (federal)
- Federal Child Support Guidelines (Justice Laws) — Justice Laws (federal)
- gov.bc.ca: What is child support? — www2.gov.bc.ca
- gov.bc.ca: Child Support Recalculation Service — www2.gov.bc.ca
- gov.bc.ca: Child support — www2.gov.bc.ca
- Family Law Act ss. 39(4), 147(3) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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