When parents separate or divorce, one of the most critical issues is ensuring children receive adequate financial support. Understanding BC’s child support system can help protect your children’s future and your parental rights.
Can Parents Agree to Waive Child Support?
The short answer is: No.
This is one of the most misunderstood aspects of family law. Under both the Divorce Act and BC’s Family Law Act, child support is the child’s right, not the parents’ right to waive. Courts consistently hold that parents cannot bargain away their children’s entitlement to financial support.
Why This Rule Exists
- Children’s needs transcend parental agreements
- Society has an interest in preventing children from becoming dependent on public assistance
- Parents’ circumstances and attitudes may change over time
- Children cannot advocate for themselves in legal proceedings
How Child Support is Calculated in BC
The Federal Child Support Guidelines
BC follows the Federal Child Support Guidelines, which create uniform support amounts across Canada. The calculation considers:
- Payor’s gross annual income
- Number of children requiring support
- Province of residence
- Custody arrangements
Basic Calculation Method
Step 1: Determine the payor’s annual gross income (before taxes and deductions)
Step 2: Consult the Federal Child Support Tables for BC
Step 3: Find the amount corresponding to income and number of children
Online Calculator:
The Department of Justice provides a free calculator at: justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx
Special Circumstances in Income Calculation
Fluctuating Income
When annual income varies significantly:
- Three-year average: Courts typically use the average of the past three years
- Pattern analysis: Look for trends in income increases or decreases
- Future projections: Consider whether current income reflects ongoing earning capacity
Self-Employment and Business Income
For business owners or self-employed individuals:
- Net business income forms the basis for calculation
- Add back non-essential business expenses
- Consider company benefits and perks as income
- Gross up dividends to reflect pre-tax equivalent
International Income: China and Other Countries
Key considerations for overseas income:
- Convert foreign currency using Bank of Canada rates
- Include all sources of income (salary, bonuses, benefits)
- Consider tax equalization if employer pays foreign taxes
- Apply same calculation principles regardless of work location
Income Imputation: Dealing with Deliberate Underemployment
When a parent deliberately reduces income to avoid support:
Courts can impute income based on:
- Previous earning history
- Education and qualifications
- Available employment opportunities
- Age and health considerations
Example: A professional who quits to work minimum wage jobs will likely have income imputed at professional levels.
Section 7 Special Expenses: Beyond Basic Support
What Qualifies as Special Expenses?
Under Section 7 of the Guidelines, parents share extraordinary expenses:
Childcare Costs
- Daycare and after-school care
- Nannies and babysitters for work-related care
- Summer day camps
Healthcare Expenses
- Medical treatments not covered by insurance
- Dental work beyond basic coverage
- Vision care and glasses
- Prescription medications
- Therapy and counseling
Educational Expenses
- Private school tuition, if agreed
- University and college costs
- Educational tutoring
- Special needs education
Extracurricular Activities
- Sports teams and equipment
- Music lessons and instruments
- Art classes and supplies
- Must be reasonable given family income
The “Necessary and Reasonable” Test
Courts apply two criteria:
- Necessary: Required for the child’s health, education, or development
- Reasonable: Affordable given the family’s financial circumstances
Proportional Sharing
Special expenses are shared based on each parent’s income:
- Parent A earns $60,000, Parent B earns $40,000
- Total family income: $100,000
- Parent A pays 60%, Parent B pays 40%
Out-of-Province Education: Additional Considerations
University Outside BC
When children attend university outside BC, additional costs include:
- Tuition and fees
- Residence or accommodation costs
- Transportation (flights home for holidays)
- Higher living expenses in expensive cities
Planning tip: Start discussing post-secondary education costs early, ideally in separation agreements.
Duration of Child Support: How Long Do You Pay?
Common Misconceptions
Many parents believe support ends at 18 or 19. This is incorrect.
Actual Duration Under Canadian Law
Support continues until the child:
- Graduates from post-secondary education, or
- Becomes financially self-sufficient, or
- Reaches age of majority and chooses not to pursue further education
Adult Children and Support
Support for adult children depends on:
- Educational pursuits: Full-time students generally receive continued support
- Financial independence: Part-time work doesn’t automatically end support
- Living arrangements: Children living independently may still qualify
- Special needs: May require lifelong support
Enforcement Through FMEP: BC’s Powerful Collection System
What is FMEP?
The Family Maintenance Enforcement Program (FMEP.gov.bc.ca) is BC’s free government service for collecting unpaid support.
FMEP’s Enforcement Powers
Administrative remedies:
- Garnish wages directly from employers
- Seize bank accounts and investments
- Intercept tax refunds and government benefits
- Report to credit bureaus
- Suspend driver’s licenses
- Refuse passport renewals
Court-based remedies:
- Contempt of court proceedings
- Asset seizure and sale
- Default hearings
International Enforcement
Cross-border collection capabilities:
- Reciprocal enforcement agreements with many countries
- Arrest warrants for contempt can be executed internationally
- China enforcement: Limited but improving through Chinese courts
Modifying Child Support: When Circumstances Change
Material Change in Circumstances
Support can be modified when there’s a material change such as:
- Significant income increase or decrease (typically 20%+)
- Change in parenting arrangements
- Child’s needs change substantially
- New children in either household
The Process
- Attempt negotiation first
- File court application if agreement impossible
- Provide updated financial disclosure
- Attend court hearing if necessary
Protecting Your Children’s Financial Future
For Paying Parents
Best practices:
- Pay consistently and on time
- Keep detailed payment records
- Register with FMEP for automatic deduction
- Update income information promptly
- Communicate changes in circumstances early
For Receiving Parents
Protect your children’s interests:
- Register with FMEP immediately if payments are missed
- Document all child-related expenses for Section 7 claims
- Keep receipts for special expenses
- Review support amounts annually
Tax Implications of Child Support
Current Tax Rules (Post-1997)
- Child support is not taxable to the recipient
- Child support is not deductible by the payor
- Special expenses may qualify for tax credits
Record Keeping
Maintain detailed records for:
- CRA audits
- Support variation applications
- Section 7 expense claims
- FMEP enforcement
Why Choose George Lee Law for Child Support Matters
Expertise in Complex Cases
Our lawyer handles:
- High-income earners with complex compensation
- International income calculations
- Business valuation for support purposes
- Enforcement across borders
Bilingual Services
We provide services in:
- English
- Mandarin Chinese
- Cantonese
Comprehensive Approach
- Accurate calculations using current guidelines
- Strategic enforcement through FMEP and courts
- Modification applications when circumstances change
- Settlement negotiations to avoid court costs
Common Child Support Mistakes to Avoid
For All Parents
- Assuming informal agreements are sufficient
- Failing to update support when income changes
- Not keeping proper financial records
- Ignoring Section 7 expense obligations
For Paying Parents
- Making payments directly instead of through FMEP
- Deliberately reducing income to avoid support
- Failing to disclose all income sources
- Assuming support ends at age 18
For Receiving Parents
- Not registering with FMEP when payments are missed
- Accepting less than guideline amounts
- Not claiming legitimate special expenses
- Failing to pursue enforcement promptly
The Real Cost of Raising Children
Research shows that raising a child to age 18 costs approximately $250,000-$300,000 in Canada. This includes:
- Housing (largest expense)
- Food and clothing
- Healthcare
- Education
- Childcare
- Transportation
- Recreation and activities
Child support guidelines aim to ensure both parents contribute proportionally to these essential costs.
Take Action: Protecting Your Children’s Future
Whether you’re seeking child support, need to modify existing arrangements, or facing enforcement issues, professional legal guidance is essential.
Contact George Lee Law Today
Our experienced family law team provides:
- Initial consultations
- Accurate support calculations
- Aggressive enforcement strategies
- Modification applications
- International support expertise
Remember: It’s About the Children
As we often remind our clients: “The greatest inheritance parents can leave their children isn’t money or material wealth—it’s character, values, and the security that comes from knowing both parents care enough to support them financially and emotionally.”
Ready to ensure your children receive the support they deserve? Contact George Lee Law for your confidential consultation.
This article provides general information about BC child support law and should not be considered specific legal advice. Child support calculations can be complex—consult with a qualified BC family lawyer to understand your specific situation and obligations.
Phone: 604-681-1611
Email: info@gleelaw.com
Website: gleelaw.com