Navigating the end of a relationship is never easy—especially when children or financial dependency are involved. One of the most common concerns for separating spouses in British Columbia is understanding who owes what when it comes to spousal and child support.

As a law firm specializing in BC family law, we often work with clients who are unsure how support is determined, how long it lasts, and what to do if their financial situation changes. In this post, we’ll break down the key differences between spousal and child support, how each is calculated, and what happens when payments are not made.

What’s the Difference Between Spousal and Child Support?

Although both types of support are financial payments made after separation or divorce, they serve different purposes:

  • Child support is the legal right of the child. It ensures that children continue to benefit financially from both parents after a separation, regardless of where they live.
  • Spousal support, on the other hand, is designed to address any economic disadvantage or disparity between former spouses as a result of the relationship or its breakdown.

In many cases, one household becomes two, and the financial impacts can be significant. Support laws exist to help balance this transition.

How is Child Support Calculated in BC?

In British Columbia, child support is determined using the Federal Child Support Guidelines, which outline:

  • The base monthly amount of support, based on the paying parent’s income and the number of children
  • Who pays child support—usually the parent with less parenting time
  • Add-ons for special or extraordinary expenses, such as daycare, medical costs, or extracurricular activities

To get an idea of what you may owe or be entitled to, the Department of Justice’s Child Support Calculator can offer a useful starting point.

When is Spousal Support Awarded—and for How Long?

Spousal support is not automatic. Courts consider several factors under both the Divorce Act and BC’s Family Law Act, including:

  • The length of the relationship
  • Each person’s financial situation
  • The roles during the relationship (e.g. stay-at-home parenting)
  • The impact of the relationship on earning capacity

The Spousal Support Advisory Guidelines (SSAG) offer a range for the amount and duration of support, but they are not legally binding. The actual amount will depend on the facts of your case.

Typically, the longer the relationship and the greater the financial disparity, the more likely spousal support will be awarded—and for a longer duration. For short marriages, spousal support may be temporary or not granted at all.

We discuss this further in our article: What to Know About Spousal Support in BC.

What Happens If Someone Doesn’t Pay Support?

If a person fails to pay court-ordered child or spousal support, there are serious consequences.

In BC, support orders can be enforced by the Family Maintenance Enforcement Program (FMEP), which has the authority to:

  • Garnish wages or bank accounts
  • Seize federal payments (e.g., tax refunds, EI)
  • Suspend driver’s licences or passports
  • Add interest and penalties on unpaid amounts

If you’re the recipient of unpaid support, or are unable to pay due to a change in your circumstances, it’s essential to take action. Avoiding payment only makes the situation worse.

Can Support Payments Be Changed Later On?

Yes—support orders can be varied if there’s been a significant change in circumstances. This might include:

  • A job loss or substantial income change
  • A shift in parenting time
  • A change in the child’s needs (e.g., health or education)
  • The remarriage or financial independence of a former spouse

To request a change, you can file a court application or work through a negotiated agreement with legal support. It’s important to note that informal arrangements between former spouses do not automatically change your legal obligations.

For more details on modifying support, see Changing a Support Order in BC.

Key Takeaways

  • Child support is based on income and is a legal right of the child; spousal support is based on financial need and relationship impact.
  • Federal Child Support Guidelines set out base payments, but special expenses can be added.
  • Spousal support isn’t guaranteed—factors like relationship length and economic disparity matter.
  • Failure to pay support can lead to enforcement actions like wage garnishment or licence suspension.
  • Support can be changed if there’s a significant change in financial or family circumstances.

Additional Reading from ALG Lawyers

Need Help with Support Matters?

Whether you’re seeking to establish, modify, or enforce support in British Columbia, ALG Lawyers is here to help. Our team offers compassionate, knowledgeable guidance to ensure your legal rights and obligations are clearly understood and upheld.

 Contact us today to book a consultation with a family law professional.