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Free Guide to Hiring a Family Lawyer
Child support in White Rock follows Canadian federal and British Columbia provincial family law rules. The federal Divorce Act applies to parents who are married and divorced, and the Federal Child Support Guidelines set out how basic child support is calculated. For unmarried parents or cases brought under provincial law, the BC Family Law Act and the same Guideline principles are generally applied. The goal of child support is to ensure that children continue to receive financial support from both parents after separation or divorce - basic monthly support covers day-to-day living costs, while additional or special expenses can be added for childcare, medical needs, and education.
Many child support matters are straightforward and can be handled with information and cooperation. However, a lawyer can be essential where:
- Parents disagree about paternity, custody, or the day-to-day care that affects support calculations.
- Either parent has complex or variable income - for example, self-employed individuals, commission-based pay, or many deductions - and income must be accurately determined or imputed.
- High-income cases where table amounts from the Guidelines do not reflect the children’s reasonable needs and a special calculation is required.
- There are disputes over special or extraordinary expenses - for example, private school fees, significant medical or dental costs, or post-secondary education.
- Enforcement is required because a payor refuses or fails to pay - a lawyer can assist with enforcement options and working with the Family Maintenance Enforcement Program.
- You are seeking retroactive support, or you need to vary an existing order because of a substantial change in circumstances.
- There are cross-border or international issues - payments, enforcement, or custody in another province or country.
Key aspects you should know about how child support works in White Rock and broadly in British Columbia:
- Guideline-Based Amounts - The Federal Child Support Guidelines provide table amounts based on the payor’s income and the number of children. Courts normally start with these table amounts for basic child support.
- Special and Extraordinary Expenses - Section 7 type expenses - commonly called special expenses - cover childcare, medical or dental expenses not covered by insurance, and education costs. These are shared according to each parent’s ability to pay.
- Custody and Parenting Time - Child support can be adjusted where parenting time is substantially shared. Shared custody or split custody situations require a careful calculation to determine net child support obligations.
- Income Determination - Courts look for reliable evidence of income. If a parent is self-employed or underreports income, courts can impute income based on earning capacity or available evidence.
- Variation of Orders - Existing child support orders or agreements can be varied if there has been a material change in circumstances, such as job loss, substantial income change, or changes in the child’s needs.
- Enforcement - In BC, the Family Maintenance Enforcement Program enforces court orders and registered agreements. Enforcement tools can include wage garnishment, intercepting federal payments, seizing tax refunds, and other measures to collect unpaid support.
- Court Routes - For married parents seeking divorce, the Supreme Court of British Columbia handles related child support issues under the Divorce Act. Provincial Court family matters and the Supreme Court both deal with child support under the Family Law Act depending on the circumstances of the case.
Generally, the non-custodial parent pays child support to the parent who has primary or majority care of the child. Support typically continues until the child reaches the age of majority or completes a reasonable period of post-secondary education - exact end dates depend on the order or agreement and on the child’s needs.
Basic support is usually determined using the Federal Child Support Guidelines table amounts, which are based on the payor’s income and the number of children. Special expenses are added on a shared-proportion basis. In high-income or complex cases, courts may order a different calculation to meet the children’s reasonable needs.
Common special expenses include childcare costs required for employment or training, necessary medical or dental expenses not covered by insurance, and some educational expenses. The court will assess whether an expense is reasonable and necessary, then apportion it between parents according to their incomes.
Yes. Either parent can apply to vary an order or agreement if there has been a material change in circumstances - for example, a significant change in income, changes in parenting time, or a change in the child’s needs. The court will consider whether the change justifies altering the support arrangement.
If a payor refuses or fails to pay, you can seek enforcement through the Family Maintenance Enforcement Program once you have a court order or a written agreement filed with the program. Enforcement tools include wage garnishment, intercepting federal payments, and other collection measures. A lawyer can help you use these options effectively.
Yes. Unmarried parents can obtain child support under the BC Family Law Act. The same Guideline principles generally apply, and courts can make orders for basic support and for special expenses regardless of marital status.
Courts look at declared income, tax returns, business expenses, and lifestyle indicators. If income is underreported or reduced to avoid support, courts may impute income based on earning capacity, previous earnings, industry standards, or other evidence. Accurate financial records help in these situations.
Courts can order retroactive child support for unpaid periods, especially where a parent delayed making a claim. The amount and period are at the court’s discretion and depend on fairness and the parties’ conduct. Early action and legal advice improve the chance of recovering retroactive amounts.
Relocation can affect parenting time and, therefore, child support. If a parent moves far enough to change the care arrangement, courts reassess parenting time and may vary support. Parents should seek legal advice before relocating to understand potential support and custody implications.
Useful documents include pay stubs, tax returns, notices of assessment, bank statements, receipts for childcare or medical expenses, school invoices, existing court orders or separation agreements, correspondence about support, and any records of payments received or missed. A clear timeline of separation and parenting arrangements is also helpful.
Several local and provincial resources can help you understand options and find legal support:
- Family Maintenance Enforcement Program - for enforcement of orders and registered agreements.
- BC Family Law Act and the Federal Divorce Act context - primary legal frameworks governing support.
- Family Justice Services and family duty counsel - provide information, limited advice, and referral services in courthouse settings.
- Legal Aid BC - may provide assistance for eligible applicants with low income and urgent family matters.
- Provincial Court and Supreme Court registries in the Surrey/White Rock area - for filing court documents and finding court schedules.
- Community mediation and family dispute resolution services - many families use mediation to reach agreements without a contested court process.
If you need legal assistance with child support in White Rock, consider this practical plan:
- Gather documents - collect income evidence, expense receipts, tax documents, existing orders or agreements, and any communication about support.
- Get initial advice - contact family duty counsel at the local courthouse, consult a family lawyer for a full assessment, or explore Legal Aid if you qualify.
- Consider mediation - if both parents can negotiate, mediation may be quicker and less costly than court, and agreements can be made enforceable.
- File or register - where negotiation fails, a lawyer can advise whether to file an application in Provincial or Supreme Court and how to register agreements with the Family Maintenance Enforcement Program for enforcement.
- Keep records and focus on the child - track payments and expenses, document parenting time, and prioritize the child’s needs in negotiations and court proceedings.
Seeking timely legal advice helps protect your rights and your child’s financial security. If you are unsure where to start, contact a family lawyer or the courthouse family duty counsel for an initial consultation and guidance tailored to your situation.
