There are a number of circumstances that require special consideration when considering child support. Under the Special Circumstances which follow, BC courts have a certain amount of discretion to make an order for child support which differs from what would normally be required according to the tables set out in the Child Support Guidelines.

High Income Payors

The tables set out in the Guidelines only go up to an annual gross income of $150,000. For incomes over that amount the Guidelines provide a formula to calculate the amount of support properly payable as child support.

For high-income payors the amount of child support owing may be quite significant and may exceed what is reasonably necessary to meet a child’s expenses. As a result, section 4 of the Guidelines provides a certain amount of flexibility for courts to order that a different amount is paid. Higher support payment requirements consider each spouse’s ability to contribute.

Undue Hardship

Section 10 of the Guidelines allow a parent to argue that the base amount of support set out in the Guidelines, combined with other circumstances, would cause “undue hardship” if the base amount is ordered. The parent must make their case to describe not just hardship, but undue (excessive) hardship.

There are a number of circumstances that may cause a spouse or child to suffer undue hardship. 

• For example: if the spouse has unusually high expenses in relation to exercising parenting time with a child; for example, if the child lives in another city;
• Or, if the spouse’s income declines substantially and they are no longer able to afford current financial arrangements.

If undue hardship is claimed, the court will perform a two-step test:

• The court must first find that an award under the Guidelines would cause undue hardship; then,
• Under Section 10(3), the court must find that the household standard of living of the parent claiming undue hardship is not higher than the other parent. 

Age Dependency

Children are expected, at some point, to live on their own and become independent. This may occur before a child turns 19 years of age – where a child is no longer “under the charge” of the parents. A parent may be relieved of the obligation to provide support to a minor, independent child in such circumstances.

In the past, children have been found to have withdrawn from their parents’ charge in the following circumstances:

• Where a child lives with a boyfriend or girlfriend who provides for their needs;
• Where a child moves out from their parents’ home and refuses to return; and
• Where a child has moved out, maintains a job and pays their own bills without relying on their parents.

On the other hand, an adult child can continue to be eligible for child support as long as they cannot withdraw from their parents’ charge. The two main reasons why a child might not be able to withdraw are: (a) the pursuit of a post-secondary education; or (b) a serious, chronic illness that prevents the child from becoming self-supporting.

In general the courts will allow an adult child to benefit from child support for one program or post-secondary study so long as the child is enrolled full time.

Guardians and Step-parents

Guardians and step-parents may be required to pay child support. A step-parent may include a parent’s new spouse, including a same-sex spouse. 

Under the Divorce Act, a spouse of the parent would need to pay support if they had a parent-like relationship with the child. Under the Family Law Act, a spouse of the parent would need to pay support if:

• They lived with the child 
• They lived with the child’s parent for at least 2 years
• They contributed to the support of the child for at least one year;
• The application is filed within one year of their last contribution of support for the child; and
• They have separated from the parent

Child support obligations of a step-parent are secondary to both parents and guardians. Any application that a non-biological parent should pay child support must be brought within one year of the date of that parent’s last contribution to the support of the children.

Other Jurisdictions

British Columbia has arrangements with other provinces and many other countries regarding child support. A parent can apply for child support or apply to make changes to child support even if the other parent lives in a different province or country. 

These arrangements make it possible to do this without having to travel to the jurisdiction. Depending on where the other parent moved, it may be possible to get what’s called an interjurisdictional support order. See the Interjurisdictional Support Orders (ISO) website for more information and forms.