In British Columbia, a parent may be entitled to child support under the Divorce Act, or the B.C. Family Law Act.
The amount of child support payments must be determined under the federal Child Support Guidelines (the “Guidelines”). Once entitlement is established, child support is payable for so long as the child is a “child of the marriage” under the Divorce Act, or a “child” under the B.C. Family Law Act. Generally, this is until the child is 19 years of age or older due to illness, disability or full-time post-secondary education.
How much child support is payable is calculated by figuring out the Guideline incomes of the parents. Child support payments are usually paid periodically (e.g., monthly).
In Canada, the quantum and duration of child support is always calculated by reference to the Guidelines. The calculations under the Guidelines are largely made by way of computer programs, such as DivorceMate. At Greg LeClair Law, our child support lawyers have access to DivorceMate and are able to provide you with calculations for on-going child support and retroactive child support (back pay).
Under the Guidelines, child support has two components:
Section 7 expenses are payable for expenses including child care, medical/dental insurance premiums connected to the child, orthodontics, therapies for the child, glasses/contact lenses, post-secondary tuition/books, and extraordinary expenses for extracurricular activities if the child has demonstrated extraordinary need or talents. How much each parent must pay of these Section 7 expenses, depends on their Guidelines incomes. In other words, the parents are responsible for these expenses in proportion to their incomes relative to one another. As an example, if the mother earns $60,000 per year and the father earns $30,000 per year, the mother will be responsible to pay 67% of the Section 7 expenses and the father will be responsible to pay 33% of the Section 7 expenses.
Sometimes child support disputes can’t be resolved through agreement and must be litigated. The lawyers at Greg LeClair Law have extensive experience in mediation, arbitration, and in all levels of B.C. courts.