Do I Still Pay Child Support Without Custody?
FAQs
Do I Still Have to Pay Child Support If I Don’t Have Custody of My Children?
Yes, in British Columbia, child support must be paid even if you do not have custody of your children. Child support is a legal obligation, and it is based on the principle that both parents share responsibility for the financial needs of their children, regardless of custody arrangements. The amount is calculated using the Federal Child Support Guidelines and depends on your income and the number of children.
Key Points About Child Support Without Custody
1. Custody vs. Parenting Time
- Custody refers to decision-making authority for the child, while parenting time refers to the time each parent spends with the child.
- Even if you do not have custody or significant parenting time, you are still required to contribute financially.
2. Purpose of Child Support
- Child support ensures that the child’s basic needs (e.g., food, shelter, education) are met and that their quality of life is maintained.
3. Calculation of Child Support:
- Payments are calculated based on your gross income and the Child Support Tables for BC.
- The amount is not affected by whether or not you have custody but may be adjusted in cases of shared or split parenting time.
4. Shared or Split Parenting Arrangements:
- If you have shared parenting time (at least 40% with each parent), child support may be adjusted to account for the financial responsibilities each parent incurs during their time with the child.
5. Extraordinary Expenses (Section 7 Expenses):
In addition to base child support, you may be required to contribute to extraordinary expenses, such as:
- Private school tuition
- Extracurricular activities
- Uninsured medical or dental costs
What If You Are Not Involved in Your Child’s Life?
Even if you are not involved in your child’s day-to-day life or decision-making, you are still legally obligated to pay child support. Courts prioritize the child’s financial stability and well-being over the payor parent’s level of involvement.
Consequences of Not Paying Child Support
Enforcement by the Family Maintenance Enforcement Program (FMEP)
- If you fail to pay, FMEP can enforce payments through wage garnishment, seizure of assets, or suspension of licenses.
Legal Penalties
- Non-payment can result in court action, interest on arrears, and even fines or jail time.
Example in a Vancouver Context
A parent in Vancouver earns $70,000 annually but does not have custody or significant parenting time with their two children. According to the Child Support Tables for BC, they must pay $1,102 per month in child support. If they do not comply, enforcement actions such as wage garnishment may be initiated.
Can You Modify Child Support?
If your financial situation changes significantly (e.g., job loss, reduced income), you can apply to the court for a modification of child support. However, you must provide evidence of the change and ensure compliance with your existing order until a new one is issued.
Seek Legal Assistance
If you have questions about your child support obligations or need assistance with enforcement or modification, Mills Family Law, experienced Vancouver family lawyers, can provide guidance tailored to your situation. Call us at 778-945-3003 or fill out our web form to get started today.
Related FAQs
For more details, refer to the Federal Child Support Guidelines and consult a family lawyer for personalized advice.
