Will Child Support Increase If My Income Increases?

Will Child Support Amounts Increase as My Income Increases, Even After Divorce?

Yes, child support amounts may increase if your income increases after divorce. In British Columbia, child support is calculated using the Federal Child Support Guidelines, which are based on the payor’s income. Changes in income, whether up or down, can lead to adjustments in child support payments to reflect the payor’s current financial situation.

Key Points About Child Support and Income Increases

1. Annual Income Disclosure

• Most separation agreements or court orders require annual financial disclosure to ensure child support reflects the payor’s current income.
• If your income increases significantly, the recipient parent can request a recalculation based on your updated earnings.

2. Automatic Adjustments

• In some agreements, a clause may require automatic adjustments based on annual income changes. This ensures payments are consistent with the Child Support Tables.

3. Court-Ordered Revisions

• If the recipient believes your income has increased and the current support amount no longer reflects your capacity to pay, they can apply to the court for a modification of the child support order.

4. Shared or Split Parenting Situations

• In shared parenting arrangements, increases in income may still lead to adjustments in child support, but only after accounting for both parents’ contributions and shared expenses.

5. Extraordinary Expenses (Section 7 Expenses)

• If your income increases, you may also be required to contribute more toward Section 7 expenses, such as childcare, medical costs, or extracurricular activities, as these are divided proportionally based on parental income. 

Example in a Vancouver Context

A divorced parent in Vancouver initially pays $1,200 monthly in child support based on a $70,000 income. Five years later, their income increases to $100,000. Based on the Child Support Tables for BC, the new monthly payment for two children would rise to $1,474. Additionally, the payor may need to contribute a higher percentage toward the children’s private school tuition.

When Increases May Not Be Required

If Income Changes Are Temporary

• Courts may not order adjustments for short-term income increases, such as bonuses or temporary contract work.

Caps or Limits in Agreements

• Some agreements may include clauses limiting adjustments, particularly in high-income cases.

Children’s Needs

• If the existing child support amount sufficiently meets the children’s needs, the court may decide not to increase payments, even if the payor’s income rises.

How to Manage Income Changes

Disclose Changes Promptly

• Annual disclosure is typically required. Failing to disclose income increases can lead to retroactive adjustments and possible penalties.

Renegotiate the Agreement

• If you anticipate a significant income increase, consider renegotiating the support terms to ensure predictability and fairness.

Seek Legal Advice

• Consulting a Vancouver family lawyer ensures compliance with legal obligations while exploring options to address your unique financial circumstances.

Seek Legal Assistance

If your income has increased and you’re concerned about how it will impact child support, Mills Family Law, experienced Vancouver family lawyers, can provide advice tailored to your situation. We can help you navigate adjustments while protecting your financial interests. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

• How is child support calculated in BC?
• How is child support calculated when one or both parents have high incomes?

For more details, refer to the Federal Child Support Guidelines and Child Support Tables.