Child Support for High Income Payors in BC

Child Support and High Income in BC - Where the Tables Stop Being Automatic

The child support tables produce a number at every income level. But for child support at high income levels in BC, the Guidelines build in a pressure valve. Under section 4 of the Federal Child Support Guidelines, where the income of the paying parent is over $150,000, the amount of child support is either the usual amount determined under section 3, or, if the court considers that amount inappropriate, a different structure described below. The same framework applies in British Columbia under the Family Law Act, because BC's regulation adopts the federal Guidelines.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. We act for payors and recipients in higher-income support cases, so we know how each side reads section 4. For the foundations, see our complete child support guide and our child support services.

What Section 4 Actually Says

Section 4 gives the court two routes once the payor's income is over $150,000:

• The table amount on the full income. The default remains the amount determined under section 3, meaning the table amount on the payor's entire income, plus any section 7 expenses.
• A two-part amount, if the table figure is inappropriate. If the court considers the straight table amount inappropriate, support becomes the table amount for the first $150,000 of income, plus, for the balance of income, the amount the court considers appropriate having regard to the condition, means, needs and other circumstances of the children entitled to support and the financial ability of each parent to contribute, plus any section 7 amount.

Notice the order of operations. The table amount is where every case starts, and it applies unless someone persuades the court that it is inappropriate on the facts. The discretion only reaches the income above $150,000; the first $150,000 always produces the table figure. And the factors that guide the discretion are about the children's circumstances and both parents' ability to contribute, not about a cap on what children of high earners receive.

What This Looks Like in Practice

Section 4 arguments are fact-driven. The parent asking the court to depart from the table amount, in either direction, has to build a record. Courts making the assessment look at the matters section 4 names: the condition, means, needs and other circumstances of the children, and the financial ability of each parent. In practice that draws in the children's actual lifestyle and expenses, the pattern of spending before separation, and each household's resources.

Two practical points follow. First, budgets matter more than in an ordinary table case. A recipient responding to a section 4 argument will usually need to show the children's expenses in real detail. Second, the discretion is a two-way street: the section can support an amount above or below the pure table figure for the income over $150,000, depending on what the evidence shows about the children's needs and the family's means. Because the outcomes are discretionary, higher-income support cases reward preparation and realistic positions. Many resolve by negotiation or mediation once both sides have complete numbers, and the result can be recorded in a separation agreement. You can read how we bill on our pricing and fees page.

Disclosure Runs Deeper in High-income Cases

Income over $150,000 usually does not arrive as a single T4. It comes with corporations, bonuses, stock plans, partnerships, and trusts, and the Guidelines reach all of it.

Section 21 requires three years of tax returns and notices of assessment from anyone whose income matters to the calculation. Self-employed parents must produce business financial statements and a breakdown of payments to non-arm's-length people. Parents who control a corporation must produce the corporation's financial statements, including subsidiaries, and the same non-arm's-length breakdown. Trust beneficiaries must produce the trust settlement agreement and the trust's three most recent financial statements.

The Guidelines add a rule specific to this territory: under section 21(4), once it is established in a proceeding that the payor's income is greater than $150,000, the other parent must provide the same income documents. That reflects how section 4 works. Because the court weighs the financial ability of each parent to contribute, both financial pictures are in play, not just the payor's.

Where reported income does not reflect the money actually available, the court can also determine income using corporate pre-tax earnings or impute income. Weak or slow disclosure tends to make things worse, since adverse inferences are available against a parent who withholds required information. Our Form F8 financial statement guide walks through the court form itself, and our post on the importance of disclosure explains why early, complete disclosure usually saves money in the end.

Frequently Asked Questions

Does the Table Amount Always Apply Above $150,000?

No, but it is the starting point and the default. Section 4 keeps the section 3 table amount unless the court considers it inappropriate. Only then does the court use the table amount on the first $150,000 plus an amount it considers appropriate for the income above that, guided by the children's circumstances and each parent's ability to contribute.

Who Has to Prove the Table Amount Is Inappropriate?

The parent asking the court to depart from it. Without evidence that persuades the court the table figure is inappropriate on the facts, the section 3 amount stands.

Why Does the Recipient's Financial Information Matter in a High-income Case?

Because section 4 directs the court to consider the financial ability of each parent to contribute, and section 21(4) expressly requires the other parent to produce income documents once the payor's income is established to be over $150,000. High-income support is assessed against both households, not one.

Do Section 7 Expenses Still Get Added?

Yes. Under both routes in section 4, the amount, if any, determined under section 7 for special or extraordinary expenses is added to the result.

Talk to a Child Support Lawyer in Surrey for Free

If your case involves income over the table's comfort zone, on either side of the ledger, get advice before positions harden. The first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.