How long does child support continue?

In British Columbia child support usually continues until each child is 19 years of age. However, child support can be payable after a child turns 19 years of age if the child is unable to withdraw from the care of their parents.

The two main reasons why a child might not be able to withdraw are: the pursuit of a post-secondary education; or, 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 of post-secondary study, so long as the child is enrolled full-time.

Are child support payments tax deductible?

Child support is tax neutral. The payor cannot claim a deduction and the recipient does not have to pay income tax on the amount received.

Can you waive child support?

There is no such thing as a “clean break.” The parent who has primary care of the children cannot make an agreement that stops the other parent from having to financially support the children. The parent with primary care of the children cannot agree to “give up” support in order to have no further contact with the other parent. 

Do you still have to pay child support if your former partner is in a new relationship?

Child support payments are still required if the primary care giver is in a new relationship. Generally, your former spouse’s new partner is not required to pay support. This could change if that partner becomes a guardian and stands in place of the parent for the children.

If you are the payor do you have to pay child support when the children spend time with you?

Yes. Child support continues even when the children are spending time with the paying parent. The custodial parent must maintain the children’s living environment even when the children are spending time with either, the other parent, extended family, friends, or away from home on vacation.

Can you stop paying child support if your time with your children is cancelled or interfered with?

No. Child support is not a fee that is paid in exchange for time with the children. The children’s standard of living should not be affected by conflict between the parents over time spent with the children.

Can you ask your former partner to provide receipts to show you how they spend the Child Support money?

No. The recipient of child support is free to use the money at their discretion. As long as the children’s needs are being met, the other parent is not required to account for how the money is used .

Special expenses are treated differently. If your agreement or order includes special expenses you may ask to see receipts to show that the expenses have been paid.

Can the payor deduct from the regular payments when they pay directly for a child’s expense?

No. You cannot deduct money from the child support payment to cover the cost of something you bought for your child, or to pay an activity fee for your child. Payors must pay the full child support payment amount. The only exception is if the other parent agrees to accept a lower payment. If this happens, it would be helpful to document this agreement.

Is child support affected by spousal support?

If the payor cannot pay child support and spousal support, child support is the top priority. The calculation of child support payments is not impacted by spousal support payments. However, child support payments are factored into the determination of spousal support payments.