Disclaimer: This article aims to provide educational information surrounding child support. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.

When parents separate or divorce, one of the most important decisions is how to divide parenting time with their children. These arrangements significantly impact child support payments, which can often become a point of confusion or contention. In Ontario, the 40% rule is crucial in determining the amount of child support a parent pays or receives in shared parenting time arrangements.

This blog will explore the 40% rule, how parenting time is calculated, and why understanding these aspects is key to ensuring fair and balanced child support. Plus, we’ll share how Plat Simionati LLP Firm can help you navigate this process smoothly.

What is the 40% Rule? Why is it essential when calculating child support payments?

The 40% rule is used in Ontario family law to determine if a parent qualifies for shared parenting time status. When a parent has the child in their care for 40% or more of the time, they are considered to have shared parenting time. 

Under the Federal Child Support Guidelines, when a parent meets the 40% threshold, the courts may adjust the child support payment because both parents share the child’s expenses more evenly.  This adjustment will be discussed in a future article. 

It’s noteworthy that the courts strictly enforce the 40% rule. Even if a parent is just shy of this threshold, they won’t qualify for shared parenting time status under Section 9 of the Federal Child Support Guidelines. A clear example is Gauthier v. Hart (2011), where the judge concluded that the father had the children for 39.6% of the year. While he was only 1.5 days short of the 40% threshold, the rule did not apply, and his father’s child support obligations remained unchanged.

How is time calculated when it comes to shared parenting time? 

Short answer: There is no universal method when calculating how much time the child spends with each parent. However, it’s usually hourly. 

Now for the longer answer. Time is generally calculated by either days (146 days per year) or hours (3,504 hours per year).  However, as recently as September 2024, the courts have highlighted that most court decisions (“the overwhelming weight of authority”) support calculating this threshold based on hours rather than days. 

That said, courts often consider other factors when considering parenting time and responsibilities. It will look at factors such as:

• The evolution of the shared parenting arrangement: How did the parenting schedule develop? Did the parents mutually agree on it, or was it imposed by the court?
• Contractual agreements: Are there specific agreements regarding shared parenting time?
• The quality of time: What activities are involved during parenting time? Does the parent provide meals, pay for extracurricular activities, or cover other essential costs like clothing or education?

By considering these factors, the courts ensure that the parenting time reflects the reality of the situation rather than relying on a strict mathematical calculation.

Why Plat Simionati LLP Firm is Your Trusted Partner in Navigating Parenting Time and Child Support

As we say, we do family law, and we do it well. 

We focus solely on family law and bring decades of experience helping families navigate the complexities of calculating and paying child support, spousal support and other issues.

Our team understands that every family is unique, and we are committed to ensuring that parenting time and child support arrangements reflect what’s best for both the child and the parents. Whether you need help negotiating a parenting schedule, understanding your rights under the 40% rule, or adjusting child support payments, we’re in your corner each step of the way.

Our full-service family law firm is happy to offer mediation and collaborative law to help parents find fair solutions without the stress of lengthy court battles.

If you’re unsure how the 40% rule applies to your situation or want to ensure that your parenting time is calculated fairly, contact Plat Simionati LLP Firm for a consultation today. Let us help you achieve a balanced, peaceful resolution for your family.