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.

If you have children, one of the most significant questions you’ll need to answer is how much child support you’ll pay or receive. When parents share parenting time, the answer becomes more complex compared to families where one parent has the children most of the time.

Our previous article discussed how to determine whether or not you share parenting time with your co-parent. This article will go into calculating child support when parents share parenting time. 

Of course, while child support may seem straightforward, many factors are unique to you and your family. That is why we encourage you to contact our team of experienced family lawyers to discuss your situation in more detail.

An overview of how the courts calculate child support in Ontario

The Federal Child Support Guidelines generally determine the basic amount of child support payable in Ontario. These guidelines provide a structured framework that factors in parents’ incomes, the number of children, and the amount of time each parent spends with the children.

The courts may also consider special or extraordinary costs—known as section 7 expenses—such as childcare, medical expenses, and extracurricular activities, typically shared between parents in proportion to income.

A fundamental principle that can affect child support amounts is the 40% rule. When both parents have the children for at least 40% of the time, the court considers it shared parenting time.

This is where child support calculations shift. Instead of one parent paying the full table amount, the set-off method may be applied. The set-off method calculates the amount the higher-income parent owes to the lower-income parent, factoring in both incomes and time spent with the children.

How do you calculate the child support amount you must pay when parenting time is shared?

Let’s walk through how your set-off amount is calculated when you share parenting time with the child’s other parent. 

Determine whether parenting time is shared.

First, does each parent have the children at least 40% of the time? Again, we discussed how to make that determination in this article. 

Use the Federal Child Support Guidelines to determine the base amount 

The next step in calculating child support is identifying both parents’ gross incomes. The Federal Child Support Guidelines provide a table that specifies the amount of child support based on the paying parent’s income and the number of children. This amount serves as the starting point for discussions about child support obligations.

Determine the set-off amount that the higher-income spouse would owe the lower-income spouse.

The next step is to determine the set-off amount. This involves calculating how much one parent would owe the other after factoring in their respective incomes and parenting time. Essentially, the higher-income parent pays child support to the lower-income parent.

Determine if any other factors impact child support

Besides the basic support amount, parents may need to pay for special expenses for the children (such as child care, education, and extracurricular activities). We discussed Section 7 expenses in this article.

How the 40% rule and set-off amounts impact the amount of child support payable

Let’s look at a hypothetical example. Alex and Jamie share parenting time for their two children; their gross incomes are $100,000 and $80,000, respectively. According to the Federal Child Support Table, Alex would owe $1,471 monthly, and Jamie would owe $1,211.

The set-off method may apply since both meet the 40% threshold for shared parenting time. By subtracting Jamie’s amount from Alex’s ($1,471 – $1,211), we can see that Alex would owe Jamie $260 monthly.  There is no guarantee that there will be an actual set-off, however the closer to a true 50/50 arrangement the greater the possibility.  

In addition to the table amount, Alex and Jamie may need to share section 7 expenses, such as childcare and extracurricular activities. These are typically split in proportion to each of their income.

Plat Simionati LLP: We practice family law, and we do it well 

On paper, calculating child support for shared parenting time seems simple — calculate each parent’s obligations and adjust for the set-off amount. But the reality is often more complex, and that is where you need clear legal advice from experienced family law lawyers. 

At Plat Simionati LLP, we understand that every family’s needs are different. We focus on family law in Ontario. In addition to traditional legal services, we are happy to offer mediation and collaborative family law services for parents who want personalized solutions without going to court. 

Contact our team today to learn how we can help.