Child Support Orders vs. Written Agreements in British Columbia

When parents separate, one of the first questions is how to put child support in writing. A court order, a written agreement filed in court and a private agreement can all record the same amount, but they work differently when payments stop or circumstances change.

This article explains how each option generally works in British Columbia, what happens if support is late, and how each can be changed. Details matter here, so a lawyer can confirm how this applies to your situation.

This article covers the law of British Columbia.

Three ways child support can be set

A court order is made by a judge. Under the Family Law Act, child support orders must follow the child support guidelines. Under the Divorce Act, a court making a child support order must also act in accordance with the applicable guidelines.

A written agreement is one the parents sign themselves. It can be filed in the court registry or kept private, and that choice affects how it can be enforced.

What the law says about agreements

Support belongs to the child. BC government guidance says a parent cannot make an agreement saying the other parent does not have to pay child support.

Under the Family Law Act, a child support agreement is binding only if it was made after separation or when the parties are about to separate. On application, the court may set aside or replace all or part of it with an order if it would order something different applying the section 150 factors.

An agreement can still differ from the guideline amount. The Family Law Act lets a court depart from the guidelines if the parties consent or have an agreement and reasonable arrangements exist for the child's support, and arrangements are not unreasonable merely because they differ from the guideline amount. The court must give reasons when it departs.

Enforceability compared

Enrolment matters because it gives you an enforcement body. Under the Family Maintenance Enforcement Act, a filed maintenance order can be enforced by the director, who must enforce it where necessary and practicable. The director can serve a notice of attachment on anyone who owes money to the person who owes support. Where arrears total $3,000 or more, the director may act under s. 29.1, and ICBC must then cancel the debtor's driver's licence and not issue or renew one for the applicable period. The director must have ICBC disregard the notice in specified cases, such as a material error or a satisfactory payment arrangement.

Support and parenting time are separate issues. A paying parent cannot withhold support over parenting time problems, and a parent cannot refuse parenting time because support is behind.

Changing an order or agreement later

Support does not end automatically in an existing order. A court may change, suspend or terminate a child support order on application, prospectively or retroactively. Before doing so, the court must be satisfied of a change in circumstances under the guidelines, substantial new evidence unavailable at the earlier hearing, or evidence of a lack of financial disclosure discovered after the last order.

A court application is not always needed. The BC Child Support Recalculation Service reviews eligible orders and agreements each year, adjusting support using the paying parent's income tax information and the Guidelines tables.

What to do next

• Decide whether you want a court order or a written agreement, and ask a lawyer how the choice affects you.
• If you sign an agreement, ask whether it should be filed in court so it can be enforced like an order.
• Keep copies of the order or agreement and your payment records.
• If support is late, ask how to enrol with BCFMA, which you can do online or by calling 1-866-557-2427 for a package.
• Do not agree to waive support, because the child has a legal right to it.

Frequently asked questions