Velletta & Company Family Law, Victoria, BC

Child Support

Child support or child maintenance

Each parent and guardian of a child has a duty to provide support for the child, unless the child has a spouse, or is under 19 years of age and has voluntarily withdrawn from his or her parents’ or guardians’ charge. If a child returns to his or her parents’ or guardians’ charge, their duty to provide support for the child resumes.

Disclaimer

If a guardian who is not the child’s parent has a duty to provide support for that child, the guardian’s duty is secondary to that of the child’s parents.

A child’s stepparent does not have a duty to provide support for the child unless the stepparent contributed to the support of the child for at least one year, and a proceeding for an order against the stepparent is started within one year after the date the stepparent last contributed to the support of the child.

If a stepparent has a duty to provide support for a child, the stepparent’s duty is secondary to that of the child’s parents and guardians, extends only as appropriate on consideration of the standard of living experienced by the child during the relationship between the stepparent and his or her spouse, and the length of time during which the child lived with the stepparent.

Changing, suspending or terminating orders respecting child support

On application, a court may change, suspend or terminate an order respecting child support, and may do so prospectively or retroactively.

Before making an order the court must be satisfied that at least one of the following exists, and take it into consideration:

(a) a change in circumstances, as provided for in the Child Support Guidelines, has occurred since the order respecting child support was made;
(b) evidence of a substantial nature that was not available during the previous hearing has become available;
(c) evidence of a lack of financial disclosure by a party was discovered after the last order was made.