Family law · Vancouver

Spousal and child support in Vancouver

Support decides how two households are paid for after a separation. I work out what the guidelines say, negotiate where there is room to, and go to court where the numbers are in dispute.

Two kinds of support

Different rules for children and for spouses

Child support and spousal support are often dealt with together, but they work very differently. Child support is close to a formula. Spousal support depends on the history of the relationship and involves far more judgment.

In both, everything turns on income. Getting full and honest financial disclosure is usually the first job, and often the hardest.

Side by side

How each one works

Child support

The right of the child, paid by one parent to the other.

  • Set by the Child Support Guidelines
  • Based on the paying parent's income and the number of children
  • Worked out differently where parenting time is shared
  • Takes priority over spousal support

Spousal support

Paid by one spouse to the other, where there is entitlement.

  • Not automatic: entitlement comes first
  • Guided by the Spousal Support Advisory Guidelines
  • Depends on incomes, the length of the relationship and the roles each of you took
  • Can be regular payments or a lump sum

Key figures

Three numbers worth knowing

40%

If each parent has the children at least 40 per cent of the time, child support is worked out differently.

19

is the age of majority in BC. Child support often continues past it while a child is in full-time study or cannot yet be independent.

2 years

is the usual limit for starting a spousal support claim: from the divorce order if you were married, or from separation if you were not.

General information only. How these apply depends on your circumstances.

Beyond the basic amount

Special expenses are shared as well

Child care

Daycare and after-school care that a parent needs in order to work or study.

Health

Medical, dental, orthodontic and counselling costs that insurance does not cover.

Education

Tutoring, private school and post-secondary costs, where they are reasonable for the family.

Activities

Sports, music and other activities whose cost goes beyond the ordinary.

These are usually shared in proportion to each parent's income, on top of the basic monthly amount.

Spousal support

Three reasons support is ordered

Before any amount is discussed, the spouse asking for support has to show they are entitled to it.

Compensatory

To make up for what one spouse gave up, or what the other gained, because of the roles each took during the relationship.

Needs-based

Where one spouse cannot meet their reasonable needs after separation and the other has the means to help.

Contractual

Where the two of you agreed to it, for example in a marriage or separation agreement.

Once entitlement is shown, the Advisory Guidelines suggest a range for the amount and for how long it is paid. Where a case falls in that range is a matter of argument.

How I help

Getting the number right, and getting it paid

  • Guideline child support, including shared and split parenting
  • Spousal support entitlement, amount and duration
  • Income disputes, including self-employment and income that should be attributed
  • Special and extraordinary expenses
  • Changing an order or agreement when circumstances change
  • Claims for unpaid and back-dated support

Orders and agreements can be enrolled with the BC Family Maintenance Agency, which collects and enforces payments.

The process

How support gets settled

Support is mostly arithmetic once the incomes are agreed. The disputes are usually about what the incomes really are.

  1. 1

    Exchange financial information

    Both sides provide tax returns, pay records and, where relevant, business records.

  2. 2

    Work out the numbers

    I calculate guideline child support and the spousal support range, and explain where your case sits.

  3. 3

    Negotiate

    Most support questions settle once both sides are working from the same figures.

  4. 4

    Agreement or order

    The result is recorded in a written agreement or a court order, so that it can be enforced.

  5. 5

    Review as life changes

    Incomes and children's needs change. Support can be reviewed and varied when they do.

Child support is the child's right. Neither parent can bargain it away.

Common questions

What people ask first

Can we agree that no child support is paid?

Not usually. Child support belongs to the child, and a court can refuse an agreement that departs from the guidelines without good reason.

Can I claim spousal support if we were never married?

You may be able to. Partners who lived together in a marriage-like relationship for two years, or for less time if they have a child together, can claim spousal support. Entitlement still has to be shown.

What if my former partner is self-employed or hiding income?

They have to disclose their finances. Where the stated income does not reflect what a person really earns or could earn, a court can attribute a higher income to them.

Can support be changed later?

Yes, where circumstances have changed in a material way. Get the change agreed in writing or ordered by the court, because stopping or reducing payments without that creates arrears.

Get in touch

Book a free consultation

Bring your last three tax returns if you have them. I will tell you what the guidelines say and where there is room to argue.