- The starting point is the table amount based on the payor's income, plus any section 7 expenses.
- 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 has a higher standard of living.
- Other routes, such as shared parenting or a consent departure, may fit your situation better than a hardship claim.
If you carry heavy debts or support a second household, the guideline amount can feel impossible. British Columbia law does leave some room, but it is a narrow exception and not an automatic reduction.
This article explains how the guideline amount is set, what an undue hardship claim involves, and which other options may apply. Whether hardship fits your case is a question for a lawyer.
This article covers the law of British Columbia.
The starting point: the table amount
Child support orders under the Family Law Act must follow the child support guidelines. Under the Divorce Act, a court must likewise make an order in accordance with the applicable guidelines.
The presumptive amount is the table amount for the payor's province of residence, plus any section 7 special or extraordinary expense amount. The table uses the payor's income only.
For example, for one child at $50,000 of income the BC table shows $468 a month, plus 0.94% of income over $50,000. Look up your exact $1,000 income row in the official table, because the figures in this article are samples only.
What undue hardship means in law
A court may award an amount different from the usual table amount if a parent or child would otherwise suffer undue hardship.
There is an important limit. The claim must be denied if the household making the claim would have a higher standard of living than the other parent's household. So a hardship claim is a comparison of two households, not just a look at your budget.
Whether your situation amounts to undue hardship depends on the facts, so ask a lawyer how a court is likely to see your debts or second household.
Other options that may fit better
| Situation | What the Guidelines say |
|---|---|
| Each parent has at least 40% of parenting time | The court must consider each parent's table amount, the higher costs of shared arrangements and each parent's circumstances |
| There are two or more children, and each parent has majority time with at least one of them | Support is the difference between the amounts each would otherwise pay |
| Payor income over $150,000 | The court may apply the table or set the table amount for the first $150,000 plus an appropriate amount for the rest |
| Parents consent or have an agreement | A court may depart from the guidelines if reasonable arrangements exist for the child's support |
On a departure by consent, arrangements are not unreasonable merely because they differ from the guideline amount, and the court must give reasons. Remember too that parents cannot agree that no support is payable.
Proving your case
Your income is based on the Total income line of your T1 General, adjusted under Schedule III. An applicant must include the other parent's tax returns for the three most recent years, and the respondent must provide income documents within 30 days if in Canada or the U.S., or 60 days elsewhere.
- Recent tax returns and notices of assessment
- Statements for each debt, with dates and payment terms
- Proof of the second household, such as who lives there and what it costs
- A budget for each household that you can support with documents
- Evidence showing the other household's standard of living
Be prepared for the court to ask about your income too. It may impute income, for instance where a parent is intentionally under-employed or unemployed.
What to do next
Keep paying the current order while you explore options. If your circumstances have changed, an order set by the table can be varied where a change would result in a different order. Under the Family Law Act the court must be satisfied of a change in circumstances, substantial new evidence or non-disclosure.
The BC Child Support Recalculation Service also adjusts eligible orders each year using the paying parent's tax information, and it is free. A lawyer can tell you whether a hardship claim, a variation or another route is the better fit.
Frequently asked questions
Can I pay less because I have a lot of debt?
A court may award a different amount if a parent or child would otherwise suffer undue hardship. The claim must be denied if your household would have a higher standard of living than the other parent's. How debt fits into that comparison depends on your facts, so it is worth confirming with a lawyer.
Does supporting a new partner or child reduce my support?
The table amount is based on the payor's income alone. A second household may be raised as part of an undue hardship claim, but the outcome depends on the facts and a comparison of both households.
Can the other parent and I agree on a lower amount?
A court may depart from the guidelines if the parties consent or have an agreement and reasonable arrangements exist for the child. A child support agreement is binding only if it was made after separation or when the parties were about to separate, and a court may set aside or replace all or part of it. You cannot agree that no support is owed.
Do I need a court order to change support?
A court can change, suspend or terminate an order on application. Eligible orders may also be adjusted yearly through the Child Support Recalculation Service.
Sources
- Family Law Act, Part 7 (BC Laws) — bclaws.gov.bc.ca
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Federal Child Support Guidelines (SOR/97-175) — Justice Laws (federal)
- Federal Child Support Guidelines, Schedule I (British Columbia) — Justice Laws (federal)
- Federal Child Support Guidelines s. 14 — Justice Laws (federal)
- gov.bc.ca: Child Support Recalculation Service — www2.gov.bc.ca
- gov.bc.ca: Child support — www2.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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