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FAQ
Do you handle complex or high-net-worth matters?
Yes. We represent clients in matters involving complex financial structures, business interests, investment portfolios, and significant assets. These cases require careful financial analysis and strategic planning to protect long-term stability.
Do you offer services in multiple languages?
Yes. Our team provides multilingual legal support to better serve Vancouver’s diverse community.
- English
- Mandarin
- French
- Punjabi
- Hindu
- Spanish
What can I expect during my initial consultation?
During your initial consultation, we will review the key details of your situation, identify the legal issues involved, and outline potential next steps.
Our goal is to provide clarity, explain your rights and obligations, and help you understand the options available to you. You will leave with a clearer understanding of your position and the path forward.
Our Approach
When parents separate, child support ensures children maintain their standard of living. In BC, under the Family Law Act (S.B.C. 2011, c. 25) and Federal Child Support Guidelines, payments are calculated based on income and are a child’s right, not a parent’s option.
Meet Susan and Nathaniel, married for 10 years with two children (ages 7 and 10), whose story illustrates how quickly support issues can escalate.
The Initial Agreement
Nathaniel agreed to pay child support based on his income, formalized by court order under the Family Law Act and Federal Child Support Guidelines.
Susan used these funds for the children’s daily needs like school, activities, and healthcare.
This setup worked initially, but consistency broke down over time.
When Payments Stop: Arrears Build
Nathaniel’s payments became erratic—late, missed months, then stopped entirely. These created arrears: money owed that children are entitled to receive.
In BC, arrears are treated seriously as a child’s right. Courts enforce collection aggressively because parents can’t waive this obligation.
Can Arrears Be Cancelled?
Nathaniel wondered if courts would reduce or cancel arrears. The BC Court of Appeal in Semancik v. Saunders, 2011 BCCA 264, ruled no—requiring proof of a significant, long-lasting change in circumstances.
Simply facing hardship isn’t enough; arrears persist unless cancellation would be “grossly unfair.”
Underreported Income and Retroactive Support
Complicating matters, Nathaniel’s actual income exceeded reports, meaning years of underpayment. Susan could seek retroactive child support to correct past amounts.
The Supreme Court of Canada in Michel v. Graydon, 2020 SCC 24, affirmed retroactive support as a child’s right, even years later, if a parent hid income or underpaid.
Example: In A.J.D. v. C.D., 2017 BCSC 1559, a father hid income increases for 12 years. BC Supreme Court ordered a $522,408.24 lump sum plus ongoing support.
Provincial Court Handles These Cases Too
Provincial Court judges address arrears and retroactivity, as in T.J.B. v. B.A.F., 2014 BCPC 290. Payors seeking reduction must show arrears create more than a “financial burden”—they must prove permanent inability to pay now or in the future.
Key Lessons for Separated Parents
Susan and Nathaniel’s experience offers clear takeaways:
Income changes? Apply to court immediately for adjustments—don’t let arrears accumulate.
Owed support? Act quickly; established arrears are nearly impossible to erase.
Child-first principle: BC courts prioritize children’s rights, enforcing support rigorously.
Avoid the Stress: Act Early
By addressing changes promptly, parents sidestep massive arrears, legal fees, and family strain. Courts provide tools like variation orders, but prevention beats cure.
At Umbrella Law Corporation, we guide families through support matters compassionately and effectively. This is general information, not legal advice, consult a lawyer for your situation.
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