10 Frequently Asked Questions About Child Support in BC

1)      What is a “child of the marriage”?

The definition of a “child of the marriage” means a child of two spouses or former spouses including i) any child for whom they both stand in the place of parents, and ii) any child of whom one is the parent and for whom the other stands in the place of a parent.

2)      Can I be ordered to pay child support, if I am not the biological parent of the child?

Yes, a step-parent who stands in the place of a parent to his or her spouse’s children from a previous marriage, may be ordered to support those children.

3)      When does a spouse stand in the place of a parent?

A spouse stands in the place of a parent when the spouse, through his or her conduct, shows an intention of placing himself or herself in the situation ordinarily occupied by the biological parent by taking the responsibility of providing for the child’s economic and parenting needs.

Not every adult-child relationship will be one where the adult stands in the place of the parent. Every case must be determined on its own facts and evidence.

4)      What if I thought I was the biological parent, but I actually wasn’t?

You may still be ordered to pay child support, but the amount may be reduced.

5)      Do I need to pay child support of the child is over 19?

Child support may still be ordered for children of the marriage who are over the age of majority. The age of majority in BC is 19.

6)      How much do I have to pay for a child who is over 19?

Child support may be calculated based on the Federal Child Support Guidelines, or you may be ordered to pay an amount that the court considers to be appropriate, based on the condition, means, needs and other circumstances of the child and the financial ability of each spouse to contribute.

7)      Can I pay child support directly to the child?

One or both of the spouses can apply for a court order for the support to be paid to the child, but these types of orders are rare even for adult children.

8)      Will I be ordered to pay child support during their post-secondary education or training?

You may be ordered to pay child support for vocational training, if the child cannot provide for themselves. The court will consider the age of the child, their academic achievements, the ability to profit from further education, the possibility of securing employment, the capacity of the parents to cover the costs.

9)      What other factors would be considered?

Whether the child is full-time or part-time, whether the child is eligible for loans or other financial assistance, whether the child has reasonable career plans, the ability of the child to contribute, parental plans and whether the child has unilaterally terminated their relationship with the parent.

10)   What if custody is split?

The amount of child support would be the difference between the amount that each would have been required to pay for each child.

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The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation with one of our experienced family law lawyers.