Child Support
Table of Contents
What is Child Support
Child support plays a critical role in family law, ensuring that children receive the financial assistance they need, even when their parents are no longer together. Whether parents cohabitate or not, they share a legal duty to financially support their children.
The underlying concept of child support is rooted in the belief that every child has the right to be supported by both parents, as they would be if the parents were living together.
While child support payments are typically made to one parent, it’s crucial to recognize that this support is fundamentally the child’s legal entitlement. Ultimately, child support serves the well-being of the child, irrespective of the parents’ relationship status.
When couples seek a divorce, addressing child support arrangements becomes essential. Courts cannot grant a divorce unless proper financial provisions are in place for the children involved.
Who is Considered a "Child"?
In BC family law, a person who is under the age of 19 years is considered to be a child. However, under the law child support might still be payable even after a child turns 19.
Child support is payable to a person who is 19 years of age or older if that person is unable, because of illness, disability, or another, to obtain the necessities of life or withdraw from the charge of their parents or guardians.
This means that under certain circumstances a parent might still be obligated to pay child support for an adult child. Such a situation often arises when the adult child has special needs or serious health problems.
How is Child Support Calculated in BC?
In British Columbia, child support is determined using the Federal Child Support Guidelines and the gross parental income.
The court may award a different amount if there is an agreement, if the parties consent to a different award, or if satisfied that reasonable arrangements have been made for child support.
What about Child Support Arrears?
There is a heavy-duty on the person asking for a reduction or a cancellation of arrears to show that there has been a significant and long-lasting change in circumstances. Arrears will not be reduced or cancelled unless it is grossly unfair not to do so.
If arrears are not reduced or cancelled, the court can order a payment plan over time if convinced the arrears cannot be paid right away.
What Does it Mean to "Impute" Income?
Child support payments are not solely determined by a parent’s current income. Instead, they take into account what a parent could earn based on their abilities and qualifications.
The court’s primary focus is on the children’s needs, ensuring they receive the necessary financial support. This means considering both parents’ relative ability to contribute.
Imputing income? What does it mean?
Sometimes, a parent might be underemployed—not working to their full potential or in a job that doesn’t match their skills. In such cases, the court can impute income. Essentially, this means attributing an income level to the parent based on what they are capable of earning, rather than what they currently earn.
The goal is to ensure fairness and prevent a parent from intentionally avoiding their financial responsibilities.
It’s essential to note that proving bad faith (i.e., deliberate wrongdoing) isn’t necessary. If a parent chooses to earn less than their capacity, the court can still address this situation. For instance, if someone with advanced qualifications takes a low-paying job intentionally, the court may impute a higher income for child support calculations.
When imputing income, the court looks at various factors:
- Age: How old is the parent?
- Education: What level of education and training do they have?
- Experience: What work experience do they bring?
- Skills: What abilities can they utilize?
- Health: Are there health limitations?
- Other Obligations: Considerations like availability of work and freedom to relocate also play a role.
The BC Supreme Court recently said the following in the case of CYC v. PJH, 2023 BCSC 1403, at paragraph 51:
1. There is a duty to seek employment in a case where a parent is healthy and there is no reason why the parent cannot work. It is no answer for a person liable to support a child to say he is unemployed and does not intend to seek work or that his potential to earn income is an irrelevant factor.
2. When imputing income on the basis of intentional under-employment, a court must consider what is reasonable under the circumstances. The age, education, experience, skills and health of the parent are factors to be considered in addition to such matters as availability of work, freedom to relocate and other obligations.
3. A parent’s limited work experience and job skills do not justify a failure to pursue employment that does not require significant skills, or employment in which the necessary skills can be learned on the job. While this may mean that job availability will be at the lower end of the wage scale, courts have never sanctioned the refusal of a parent to take reasonable steps to support his or her children simply because the parent cannot obtain interesting or highly paid employment.
4. Persistence in unremunerative employment may entitle the court to impute income.
5. A parent cannot be excused from his or her child support obligations in furtherance of unrealistic or unproductive career aspirations.
6. As a general rule, a parent cannot avoid child support obligations by a self-induced reduction of income.
While online calculators can provide estimates, it’s essential to consult with a lawyer for accurate advice tailored to your specific situation. We can guide you through the process, address any complexities, and ensure that child support arrangements align with the law and the actual income earning capacity of the payor
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