�ݺ�ߣ

How is child support calculated
when the parties have shared
custody (equal time sharing) of
the children?
By:

Stephane MonPremier
B.A. LL.B.
Lawyer / Avocat
MonPremier Professional Corporation

Shared custody means that the child or children are
residing with both parents, more or less equally;
 In Ontario, a timesharing or access arrangement is
considered shared if the father, for example, has a
child in his care more than 40% of the time;
 Section 9 of the Child Support Guidelines discusses
child support in shared custody arrangements:
http://laws-lois.justice.gc.ca/eng/regulations/SOR97-175/page-4.html ;
 For most people, shared custody means, that the
child, or children, is living with each parent equally;


To calculate the payable child support one must first
understand how child support is determined;
 Child support is determined by applying the Child
Support Guidelines;
 To determine child support, one must look at the
payor’s income, and then the number of children;
 For example child support for 2 children, based on an
annual income of $50,000, is $743 per month.
Canada’s department of Justice Website has an
excellent child support calculator tool, which allows
one to determine payable child support:
http://www.justice.gc.ca/eng/fl-df/child-enfant/lookrech.asp ;


Typically, child support is calculated for the child (or
the children), as though the child, was living 100% of
the time with one parent;
 Child support is then calculated for the child (or the
children), as though the child, or children, were living
100% of the time with the other parent;
 The lowest child support amount is then deducted
from the highest child support amount;
 The highest income earner pays the difference in
support;


For example:







There are two children in the relationship. Dad earns $50,000
per year, and Mom earns $35,000 per year.
If the children live with Mom full time (or more than 60% of
the time), Dad must pay $743 in child support.
If the children live with Dad full time (or more than 60% of
the time), Mom must pay $508.00 per month in child support.
If the children are living with Dad 40% of the time and with
Mom 60% of the time, Dad must pay $235.00 per month in
child support.
If the children are living with Dad 50% of the time and with
Mom 50% of the time, Dad must pay $235.00 per month in
child support.






Section 9 of the Child Support Guidelines provides the following:
9. Where a spouse exercises a right of access to, or has physical
custody of, a child for not less than 40 per cent of the time over
the course of a year, the amount of the child support order must
be determined by taking into account
(a) the amounts set out in the applicable tables for each of
the spouses;
(b) the increased costs of shared custody arrangements;
and
(c) the conditions, means, needs and other circumstances of
each spouse and of any child for whom support is sought.
Thus, there are circumstances where a straight set off of child
support will not be applicable, or may be considered as a starting
point.



Thus, there are circumstances where a straight set off
of child support will not be applicable, or may be
considered as a starting point.

Offer:


Contact Stéphane A. MonPremier of MonPremier
Professional Corporation to obtain a free initial
consultation. Tel: 613.841.9099 ext. 1; Assistant:
yvette@monpremier.ca ; Lawyer: law@monpremier.ca

Disclaimer:
The content of this text is not to be construed as legal
advice. Please contact a lawyer licensed to practice
family law in your respective country and province, and
obtain independent legal advice.

Prepared by:
Stephane A. MonPremier
December 4th 2013
© Copyright 2013. MonPremier - All rights reserved
MonPremier Professional Corporation
Stephane A. MonPremier
Lawyer / Avocat
7-2530 St-Joseph Blvd
Ottawa (Orleans), Ontario K1C 1G1
www.monpremier.ca

�ݺ�ߣ

Calculating Child Support in Shared Custody Scenarios

Convert to study guideBETA

More Related Content

Calculating Child Support in Shared Custody Scenarios