Guide · Support · British Columbia
Do you pay child support with 50/50 custody in BC?
Shared parenting doesn't eliminate child support in British Columbia. Here's the s. 9 set-off, when the court departs from it, and what to put in your agreement.
The default rule: s. 9 set-off
Where each parent has the child at least 40% of the time, section 9 of the Federal Child Support Guidelines applies. The court starts by calculating what each parent would pay under the Simplified Tables based on their own income, and orders the higher-income parent to pay the difference. That difference is the "set-off."
Why support isn't just zero
The theory is that each parent should shoulder the child's costs in proportion to their means. If one parent earns $150,000 and the other earns $60,000, the child's standard of living in each home should not swing dramatically depending on which week it is. The set-off equalizes.
When the court departs from the set-off
Section 9(b) allows the court to consider the increased costs of shared parenting, two bedrooms, duplicated equipment, extra transportation. Section 9(c) opens the door to the broader "conditions, means, needs and other circumstances." Departures happen but usually require evidence that the strict set-off produces a hardship or a windfall.
Section 7 expenses still get shared
On top of the s. 9 set-off, special or extraordinary expenses under s. 7, daycare, medical premiums, orthodontics, competitive extracurriculars, post-secondary, are shared between parents in proportion to their incomes.
What to put in the agreement
A well-drafted separation agreement in shared-parenting cases: (a) records each parent's Guideline income and table amount, (b) states the s. 9 set-off, (c) confirms both parents have a s. 3 support obligation (preserves the eligible dependant credit), (d) allocates the eligible dependant claim by child, and (e) sets out how s. 7 expenses will be shared and reconciled annually.
Common questions
Frequently asked.
- If we're truly 50/50, does anyone pay child support?
- Usually yes. Section 9 of the Federal Child Support Guidelines requires each parent's table amount to be calculated, and the higher-income parent pays the difference, the 'set-off.' Support is rarely zero.
- What counts as 40% or more time?
- Overnights are the usual proxy. A schedule that gives one parent 146 overnights or fewer out of 365 typically does not cross the 40% threshold. Waking time, meal time, and school-drop responsibility can also be counted.
- Can the court depart from the set-off?
- Yes, but it doesn't happen automatically. Section 9(b) and (c) let the court look at the increased costs of shared parenting and the conditions, means, needs and other circumstances of each parent and child. A court may order more or less than the strict set-off.
- How does this affect the eligible dependant tax credit?
- In a set-off structure both parents have a support obligation, which preserves the eligible dependant amount under s. 118(5.1) of the Income Tax Act. With two children, parents commonly agree each claims one child. This paragraph needs to be in the agreement.
- What if incomes are equal?
- If both parents earn exactly the same and the parenting is truly 50/50, the set-off is zero, no monthly support is paid. Section 7 special expenses (childcare, medical, extracurriculars) are still shared in proportion to income.
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