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Basic RightsChild Support
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Parents have a legal duty to support their children, even if one parent doesn't live with or even see the kids.
Child support laws are based on the idea that a child should benefit from both parents' ability to support him or her in the same way he or she would if the parents lived together.
The parent who the child lives with most of the time is entitled to child support from the other parent. If a child spends equal (or almost equal) time with both parents, the parent with the higher income will usually have to pay child support.
Child support is the legal right of the child, but in most cases, a parent applies for child support from the other parent and the support payments are paid directly to the parent (not the child).
Most of the time, parents are able to work out an agreement for who pays and how much, but if they can't agree they will go to court and ask a judge to figure out the amount for them.
Legal Lingo
The money one parent pays to the other parent to help provide for the daily needs of the kids is called child support.
How long does it last?
Child support ends when you turn 19 unless you can't take care of yourself because of:
- illness,
- disability, or
- some other reason, including if you are going to school.
Child support can end earlier than 19 if you get married or choose to leave home. However, if you leave home because of family violence or intolerable living conditions, parents' child support obligations don't end.
Can I sue my parents for support?
You can't go to court to ask for child support if:
- your parents are still together, and
- you're living with them.
If your parents are separated and you're living with one of them, the parent you're living with is the person who must apply for child support for you from your other parent.
If you're under 19, you're a minor. A minor can start legal legal proceedings (a court case) to claim child support from a parent if:
- they're 16 years or older, or
- the court allows them to.
Minors under 16 can start a court case with the help of a litigation guardian. A litigation guardian is someone who'll represent you in court.
Get help
Making a claim for child support can be quite complicated. If you're thinking about doing this, speak to a lawyer first. You can contact the Child and Youth Legal Centre if you want more help from a lawyer and to better understand your legal rights.
Dig Deeper
For information about how to find a lawyer or get legal aid, see Can you sue your parents for support? and Tips about getting legal help pages on the Family Law in BC website.