- In British Columbia, child support and parenting time are separate issues, so a paying parent cannot withhold support because of problems with contact.
- Each parent and guardian has a duty to support their child.
- Support in an existing order does not end automatically: a court may change, suspend or terminate a child support order on application.
You may be paying child support and barely seeing your child. Perhaps the other parent is blocking contact, or perhaps you have stepped back from parenting time yourself. Either way, it is natural to wonder whether the money should stop.
In British Columbia the short answer is generally no. The law treats support and parenting time as two separate matters. This article explains why, how support is usually set, and what options exist if parenting time is the real problem.
This article covers the law of British Columbia.
Support and parenting time are separate
Under the Family Law Act, each parent and guardian of a child has a duty to provide support for the child. Support is the child's legal right, which is why parents cannot make an agreement saying the other parent does not have to pay it.
BC government guidance is clear that a paying parent cannot withhold child support because of issues about parenting time or contact, and a parent cannot refuse the other parent's parenting time because support is behind. Each problem has to be dealt with on its own track.
How the amount is set when you see the child rarely or not at all
Child support orders under the Family Law Act must follow the child support guidelines. The usual starting point is the table amount for the payor's province plus any special or extraordinary expenses. The table is based on the payor's income and the number of children, and it is not affected by the recipient's income.
For a payor living in BC with one child, the monthly table amount at a $50,000 income row is $468 plus 0.94% of income over $50,000. Those figures are a sample only. Look up your exact income row in the official table, since the current figures took effect on 2025-10-01.
Parenting time does matter in a few situations, covered next.
When parenting time does change the amount
| Situation | What the Guidelines say |
|---|---|
| Shared parenting | If each parent has at least 40% of parenting time over a year, the court must consider each parent's table amount, the increased costs of shared arrangements, and each parent's circumstances |
| Split parenting | If each parent has majority time with at least one of two or more children, support is the difference between what each would otherwise pay |
| Undue hardship | A court may award a different amount if a parent or child would otherwise suffer undue hardship, but the claim must be denied if the claiming household would have a higher standard of living than the other parent's household |
If you have the child less than 40% of the time, these shared-parenting rules do not apply on their own terms, so the ordinary table approach is the usual starting point. Whether any exception fits your facts is worth confirming with a lawyer.
If you are being denied parenting time
Being denied time with your child is a serious issue, but support and parenting time are separate, so you cannot hold back payments because of it. How to address the parenting time itself depends on your situation, so it is worth confirming with a lawyer. Missed payments can lead to enforcement. If there is 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 to be enrolled.
- The director can serve a notice of attachment on anyone who owes money to the debtor.
- Simple interest accrues on arrears under the regulations.
- Where arrears total $3,000 or more, the director may act so that ICBC cancels the debtor's driver's licence.
If your circumstances have changed, you can apply to change the support order rather than simply stopping. A court may change, suspend or terminate an order, and it can do so prospectively or retroactively. It must first be satisfied of a change in circumstances under the guidelines, substantial new evidence that was unavailable at the earlier hearing, or evidence of a lack of financial disclosure discovered after the last order.
What to do next
Keep paying as ordered or agreed while you sort out the underlying problem. The BC Child Support Recalculation Service reviews eligible orders and agreements each year using the paying parent's income tax information, and it is free. A lawyer can help you with parenting time applications and with any change to support.
- Find your order or agreement and confirm what it says about amount and parenting time.
- Keep a written record of missed or refused parenting time.
- Gather your income documents, such as recent tax returns, so you are ready to talk with a lawyer.
- Keep making payments while you seek a change.
- Speak with a family lawyer about parenting time and about whether a variation fits your facts.
Frequently asked questions
Can I stop paying child support if the other parent won't let me see my child?
No. A paying parent cannot withhold child support because of issues about parenting time or contact. If you are being denied time, the issue should be addressed separately through the parenting arrangements.
Can the other parent refuse parenting time if I am behind on support?
No. A parent cannot refuse the other parent's parenting time because support is behind. Enforcement of unpaid support is handled through other channels, such as the BC Family Maintenance Agency.
Can we agree that I won't pay child support?
Parents cannot make an agreement saying the other parent does not have to pay child support, because support is the child's legal right. A court may also set aside or replace all or part of an agreement if it would order something different applying the s. 150 factors.
What if my income drops or my situation changes?
You can apply to change, suspend or terminate the order, but you must first show a qualifying change in circumstances, new evidence or non-disclosure. Until an order is changed, it generally remains in place, so speak with a lawyer before reducing payments.
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 (British Columbia) — Justice Laws (federal)
- gov.bc.ca: Child Support Recalculation Service — www2.gov.bc.ca
- gov.bc.ca: Child support — www2.gov.bc.ca
- gov.bc.ca: Late or refused child support — www2.gov.bc.ca
- Family Maintenance Enforcement Act (BC Laws) — bclaws.gov.bc.ca
- Federal Child Support Guidelines, Schedule I notes — Justice Laws (federal)
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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