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Support:  Child Support and Spousal Support - What You Need to Know

Money matters. Here is what you need to know.

When a family separates, one of the first questions people ask is: “Who pays what?” Support is often the most emotionally charged piece of the whole separation and divorce process. It helps to understand the basics before the conversations begin.

There are two kinds of support in BC family law: child support and spousal support. They work very differently, and knowing the difference puts you in a much stronger position.

Child support: it belongs to the children

Child support is not a bargaining chip. In most cases, it is not negotiable.

Here is why: child support is the legal right of the child, not a parenting agreement between two adults. BC courts follow the Federal Child Support Guidelines, which set out the amounts based on the paying parent’s income and the number of children. The formula exists to protect kids, and judges take it seriously.

What this means in practice: parents generally cannot agree to waive child support or set it at an amount that falls below the Guidelines. Even if both parents are on board with a lower amount, a court is unlikely to approve it. In fact, a judge will not grant a divorce if the Federal Child Support Guidelines are not followed!

There are limited circumstances where the Guidelines-based amount can be adjusted, such as shared parenting arrangements, undue hardship situations, or when a party gives significant equity in a piece of property instead of paying monthly support.

The bottom line: your child’s right to financial support comes first. We help you understand exactly what that looks like for your family.

Child Support:  It is the Right of Your Kids

Spousal support: different rules, more room to work

Spousal support is a different conversation. Having said that, the longer the relationship, the greater the likelihood that spousal support will come into play.

First, an important clarification: spousal support is not gender-specific. Either spouse may be entitled to receive it, or obligated to pay it, depending on the financial picture of the marriage and the separation. We can never assume who pays and who receives based on gender.

Second, unlike child support, spousal support can be negotiated. The amount, duration, and structure of payments are all open to discussion. The Spousal Support Advisory Guidelines (SSAGs) give us a range to work within, but there is genuine flexibility in how the parties get there.

Spousal support takes into account things like:

•       The length of the relationship

•       Each spouse’s current and future earning capacity

•       Whether one spouse gave up career opportunities to take on a greater share of parenting responsibilities during the relationship

•       The standard of living the family enjoyed during the relationship

Talk to your lawyer about how spousal support applies to you and your family's circumstances. Every family and every case is unique, just like your DNA.


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