Skip to main content

Child Support with 50/50 Custody in British Columbia: Complete 2026 Guide

By Antonio G. Jimenez, Esq.British Columbia15 min read

At a Glance

Residency requirement:
To file for divorce in British Columbia, at least one spouse must have been habitually resident in the province for at least one year immediately before filing the divorce application, as required by section 3(1) of the Divorce Act. Both spouses do not need to live in BC — only one must meet this requirement. There is no separate county or district residency requirement.
Filing fee:
$290–$330
Waiting period:
Child support in British Columbia is calculated using the Federal Child Support Guidelines, which are based primarily on the paying parent's annual income and the number of children. The guidelines include standardized tables that set base monthly amounts by province. Additional 'special or extraordinary expenses' — such as childcare, medical expenses, or extracurricular activities — may be shared proportionally between both parents based on their respective incomes.

As of June 2026. Reviewed every 3 months. Verify with your local clerk's office.

Need a British Columbia divorce attorney?

One participating attorney per county — by application only

Find Yours

In British Columbia, 50/50 parenting time does not eliminate child support. Under section 9 of the Federal Child Support Guidelines, when each parent has at least 40% of parenting time, the higher-earning parent pays the difference between both parents' table amounts—the "set-off." Support remains payable whenever incomes are unequal.

This guide explains how child support with 50 50 custody in British Columbia actually works, why equal parenting time rarely means zero support, and how courts apply the set-off method, section 9 discretion, and section 7 expenses. It reflects the October 1, 2025 update to the Federal Child Support Tables—the first comprehensive revision since 2017—now the standard for all new orders in 2026.

Key Facts: Child Support and Divorce in British Columbia

FactDetail
Divorce Filing FeeCAD $290–$330 total (as of March 2026; verify with your local registry)
Waiting PeriodGenerally 1 year living separate and apart; divorce typically finalized within weeks after filing the desk order
Residency RequirementAt least one spouse habitually resident in BC for 1 year before filing (Divorce Act, s. 3(1))
GroundsMarriage breakdown—usually 1 year separation (Divorce Act, s. 8)
Property Division TypeEqual division of family property (Family Law Act, s. 81)
50/50 Support RuleSet-off method under Federal Child Support Guidelines, s. 9 (40% threshold)
Governing StatutesDivorce Act (R.S.C. 1985, c. 3, 2nd Supp.); Family Law Act (S.B.C. 2011, c. 25)

Do You Pay Child Support With 50/50 Parenting Time in British Columbia?

Yes. In British Columbia, you generally still pay child support with 50/50 parenting time if your income is higher than the other parent's. Under Federal Child Support Guidelines § 9, the higher earner pays the set-off—the difference between each parent's table amount. Equal time changes the calculation method, not the obligation itself.

The most common misconception in shared parenting cases is that equal time cancels support. It does not. Child support in British Columbia belongs to the child, not the parent, and reflects the principle that children should enjoy a similar standard of living in both homes. When parents earn different incomes, requiring zero support would leave the child materially worse off in the lower-income household. For this reason, do I still pay child support with joint custody is one of the most frequently asked questions in BC family law—and the answer for 50/50 parenting time support is almost always yes when incomes differ. The exception is two parents with nearly identical incomes, where the set-off difference approaches zero.

The 40% Threshold: When Shared Parenting Rules Apply

The 40% threshold is the legal trigger for shared parenting child support in British Columbia. Under Federal Child Support Guidelines § 9, a parent must exercise at least 40% of parenting time over the course of a year—equal to roughly 146 days or 3,504 hours annually—before the set-off method replaces the standard table calculation.

This percentage matters enormously. Below 40%, the parent with the majority of parenting time receives the full table amount under Federal Child Support Guidelines § 3, based solely on the payor's income. At or above 40%, section 9 applies and both incomes enter the calculation. A genuine 50/50 arrangement comfortably exceeds the threshold, so equal-custody child support in BC is calculated under section 9. Courts measure time by when the children are in a parent's care and control—not merely when the parent is physically present. Time at school or daycare can count toward the parent responsible for the child during those hours. Because crossing the 40% line dramatically changes the math, the precise parenting schedule is frequently litigated. Parents disputing whether an arrangement reaches 40% should document overnights, transitions, and care responsibilities carefully, since a few days either way can shift thousands of dollars annually.

How the Set-Off Method Works in British Columbia

The set-off method calculates child support with 50 50 custody in British Columbia by determining each parent's table amount separately, then subtracting the lower from the higher. The higher-earning parent pays the difference. For example, if Parent A owes $1,416 monthly and Parent B owes $477, Parent A pays $939—even with equal parenting time.

The set-off (also called the offset) is by far the most common approach, used in over 95% of shared parenting cases in BC. Here is how it operates step by step. First, determine each parent's annual income using line 15000 of their tax return, adjusted under Federal Child Support Guidelines § 16 where necessary. Second, look up each parent's basic table amount for the number of children using the British Columbia tables updated October 1, 2025. Third, subtract the smaller table amount from the larger. The parent who would owe more pays the net difference to the other.

Consider a real example. Tom earns $75,000 per year; his table obligation for one child is roughly $716 monthly. Sara earns $120,000; her obligation is roughly $1,113 monthly. Under the set-off, Sara pays Tom $1,113 − $716 = $397 per month. The wider the income gap, the larger the payment—if one parent earns $30,000 and the other $250,000, the higher earner pays substantial support despite identical parenting time. This is the core reason 50/50 parenting time support persists in BC: the calculation targets income disparity, not time disparity.

The Set-Off Is a Starting Point, Not the Final Answer

The set-off amount is the legal starting point under section 9, not an automatic result. British Columbia courts must also weigh the increased costs of shared parenting and each household's means, needs, and circumstances. Following the Supreme Court of Canada's decision in Contino v. Leonelli-Contino, judges retain broad discretion to adjust the set-off up or down—or order the full table amount.

Many families assume the set-off number is final, but Federal Child Support Guidelines § 9 lists three factors. Section 9(a) is the table-amount set-off. Section 9(b) recognizes that shared parenting often increases total costs—both homes need bedrooms, clothing, and food for the child, so duplicated fixed expenses can justify a higher payment. Section 9(c) directs the court to examine each parent's actual financial condition and the child's needs. The Supreme Court of Canada in Contino held there is no presumption that support should be reduced below the standard amount simply because parenting is shared. After analyzing all three factors, a court may conclude the full table amount should still be paid. This discretion means shared custody child support outcomes in British Columbia vary with the evidence each parent presents about real household costs and the child's standard of living in each home.

Section 7 Expenses: Shared Separately From Base Support

Section 7 special and extraordinary expenses are calculated separately from base child support and shared in proportion to each parent's income—regardless of parenting time. In a 50/50 arrangement where one parent earns 60% of the combined income, that parent typically pays 60% of eligible expenses like daycare, orthodontics, and qualifying extracurricular activities.

Under Federal Child Support Guidelines § 7, these costs sit on top of the table amount and are not affected by the set-off. Qualifying section 7 expenses include child care necessitated by employment or education; medical and dental insurance premiums for the child; health expenses exceeding $100 per year not covered by insurance (orthodontics, prescription glasses, counselling, prescription medication); extraordinary primary or secondary education costs; and extraordinary extracurricular activities. The shared amount is the net cost—the figure remaining after scholarships, bursaries, RESP withdrawals, or insurance reimbursements. For education and extracurricular costs, courts apply the reasonableness test in Federal Child Support Guidelines § 7: the expense must be necessary in relation to the child's best interests and reasonable given both parents' means. Because 50/50 parents often share daycare and activity costs already, careful record-keeping of who paid what prevents disputes and ensures proportional reimbursement is accurate.

The October 2025 Table Update: What Changed for 2026

The Federal Child Support Tables were updated October 1, 2025—the first comprehensive revision since 2017—and these amounts are the standard for all new British Columbia orders in 2026. The update reflects 2023 Canadian tax rules. Notably, parents earning $16,000 or less gross annually now have a base table amount of $0, matching the federal basic personal amount.

The direction of change was not uniform: depending on income bracket, some amounts rose and others fell. This makes verifying current figures with the official Department of Justice child support table look-up tool essential before relying on older calculations. Critically, the 2025 update does not automatically change existing orders. If your parenting order predates October 1, 2025, it remains at the original amount until you act. However, the table revision can serve as grounds for a variation if the new amount differs meaningfully from your current order. Variation is never automatic in British Columbia—you must either reach a new written agreement or apply to court. Parents reviewing equal custody child support arrangements set before October 2025 should recalculate under the new tables to learn whether they are now paying or receiving more or less than the current standard, then decide whether a variation application makes financial sense.

Income Disparity Drives the Payment: A Comparison

The child support payment in a 50/50 British Columbia arrangement depends almost entirely on the income gap between parents. The larger the disparity, the larger the set-off payment. When incomes are equal, the set-off approaches zero; when one parent earns far more, that parent pays substantial support despite equal parenting time.

Scenario (one child, 50/50)Parent A IncomeParent B IncomeApproximate Set-Off Direction
Equal incomes$80,000$80,000Near $0—minimal or no payment
Moderate gap$120,000$75,000Parent A pays ~$397/month to Parent B
Large gap$100,000$50,000Parent A pays ~$939/month to Parent B
Extreme gap$250,000$30,000Parent A pays substantial support to Parent B

These figures illustrate the principle, not exact 2026 table outputs—always confirm current amounts with the official look-up tool. The pattern is consistent: shared custody child support in British Columbia tracks income, ensuring the child experiences a comparable standard of living in both households. This is why "do I still pay child support with joint custody" almost always resolves to yes whenever a meaningful income difference exists.

Tax and CRA Considerations for Shared Parenting

In shared parenting cases, your agreement or order should state the specific amount each parent pays the other—not merely the net set-off. The Canada Revenue Agency requires that both payment amounts be documented so each parent can claim child-related tax benefits. If only the set-off figure appears, the CRA treats the recipient as the sole eligible claimant.

This drafting detail has real financial consequences in British Columbia. When both parents have at least 40% parenting time and each is shown as paying support to the other, both may be eligible to share the Canada Child Benefit and claim the eligible dependant credit in alternating years. But if the order or agreement only records that one parent pays the difference, the CRA position is that only the receiving parent qualifies. For this reason, family lawyers draft shared parenting agreements to recite both gross table amounts—stating, for example, that Parent A pays $1,113 and Parent B pays $716—even though the practical net transfer is the $397 difference. Getting this language right preserves access to tax benefits worth thousands of dollars annually. Parents finalizing 50/50 parenting time support arrangements should confirm the order reflects both amounts before signing.

Filing for Divorce and Establishing Child Support in BC

To divorce in British Columbia, at least one spouse must have lived in the province for one year before filing, and the BC Supreme Court must be satisfied that reasonable child support arrangements are in place. The court cannot grant a divorce until child support is resolved. Filing fees total approximately $290–$330 as of March 2026.

The BC Supreme Court is the only court that can grant a divorce. Under Divorce Act § 3, at least one spouse must be habitually resident in British Columbia for one year before starting the proceeding. Filing fees include roughly $200 for the Notice of Family Claim (Form F3), a $10 federal Registration of Divorce Proceedings fee, and an $80 desk order processing fee, plus about $40 for the Certificate of Divorce. As of March 2026, verify exact amounts with your local court registry, as fees are set in Schedule 1 of Appendix C to the Rules and change periodically. Fee waivers are available under Supreme Court Family Rule 20-5 for parties facing financial hardship. Because Divorce Act § 11 requires the court to confirm reasonable child support arrangements, parents must typically file a Child Support Affidavit (Form F37) showing the Federal Guidelines amount. The judge will not finalize the divorce until satisfied that proper financial arrangements for the children exist.

Frequently Asked Questions

Do I still pay child support with 50/50 custody in British Columbia?

Yes. In British Columbia, you generally still pay child support with 50/50 parenting time when your income exceeds the other parent's. Under Federal Child Support Guidelines section 9, the higher earner pays the set-off—the difference between each parent's table amount. Support only approaches zero when both parents earn nearly identical incomes.

How is the set-off amount calculated for shared parenting?

The set-off is calculated by finding each parent's table amount based on income, then subtracting the smaller from the larger. The higher earner pays the difference. For example, if one parent owes $1,113 monthly and the other owes $716, the net payment is $397. This method is used in over 95% of BC shared parenting cases.

What is the 40% threshold for shared parenting child support?

The 40% threshold means a parent must have at least 40% of parenting time over a year—roughly 146 days or 3,504 hours—before section 9 of the Federal Child Support Guidelines applies. At or above 40%, both incomes enter the calculation via the set-off. Below 40%, the majority-time parent receives the full table amount.

Does equal parenting time mean equal child support obligations?

No. Equal parenting time does not equalize support when incomes differ. British Columbia courts calculate each parent's table amount separately under Federal Child Support Guidelines section 9, and the higher earner pays the difference. The set-off targets income disparity, so a parent earning $250,000 pays substantial support to one earning $30,000 despite identical parenting time.

Can a BC court order more than the set-off amount?

Yes. The set-off is only the starting point under section 9. Following Contino v. Leonelli-Contino, British Columbia courts weigh increased shared-parenting costs and each household's means and needs. There is no presumption that support drops below the standard amount, so a judge may order the full table amount or adjust the set-off upward based on the evidence.

Are section 7 expenses included in the set-off calculation?

No. Section 7 special and extraordinary expenses—daycare, orthodontics, medical costs over $100 yearly, and qualifying activities—are calculated separately and shared in proportion to each parent's income. In a 50/50 arrangement, if one parent earns 60% of combined income, that parent typically pays 60% of these net costs on top of any base support.

Did the 2025 table update change my existing child support order?

No. The October 1, 2025 table update—the first comprehensive revision since 2017—does not automatically change existing British Columbia orders. Orders predating that date stay at their original amounts until you apply to court or sign a new agreement. The update can, however, serve as grounds for a variation if the current standard differs meaningfully.

How much does it cost to file for divorce in British Columbia?

Divorce filing fees in British Columbia total approximately $290–$330 as of March 2026, including roughly $200 for the Notice of Family Claim, a $10 federal registration fee, an $80 desk order fee, and about $40 for the Certificate of Divorce. Verify current amounts with your local clerk, and note fee waivers are available under Supreme Court Family Rule 20-5.

How do CRA tax benefits work with 50/50 parenting?

In shared parenting, your order should state both parents' full table amounts, not just the net set-off. The Canada Revenue Agency requires this documentation for both parents to share the Canada Child Benefit and alternate the eligible dependant credit. If only the difference is recorded, the CRA treats the recipient as the sole eligible claimant, costing the payor valuable benefits.

Does British Columbia use the term custody or parenting arrangements?

British Columbia uses parenting arrangements, parenting time, and decision-making responsibility under the provincial Family Law Act and the 2021 Divorce Act amendments—not custody. While many people search for "50/50 custody," BC parenting orders allocate parenting time and decision-making responsibility. Child support calculations remain governed by the Federal Child Support Guidelines regardless of terminology.

Estimate your numbers with our free calculators

View British Columbia Divorce Calculators

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering British Columbia divorce law

Participating British Columbia Divorce Attorneys

Each city on Divorce.law has one participating attorney.

+ 7 more British Columbia cities with exclusive attorneys

Part of our comprehensive coverage on:

Child Support — US & Canada Overview