L.L. v. M.C., 2013 ONSC 1801
Introduction
The court case L.L. v. M.C., 2013 ONSC 1801, revolves around a dispute about parenting time and child support calculations.
The primary issue in dispute in this case revolves around the calculation of the amount of time the child spends with each parent, which is a key factor in determining the amount of child support to be paid.
Specifically, the question is whether the father's time with the child reaches the "40 percent" threshold provided for under section 9 of the Federal Child Support Guidelines (FCSG). Under these guidelines, if a non-custodial parent (in this case, the father) has the child for 40% of the time or more, this can significantly affect the amount of child support he is required to pay.
The Various Approaches to Calculating Custodial Time
One of the challenges in this case is that there is no universally accepted method for calculating the amount of time a child spends with each parent.
There are a variety of ways to measure this, with some parents choosing to calculate in days and others in hours.
The method used can significantly alter the outcome, thereby influencing the custodial arrangement and child support calculations. For instance, a situation may arise where calculating in days versus hours could tip the access parent into a situation where they exercise 40% parenting time, a crucial threshold in parenting cases.
The Significance of the 40% Threshold
In parenting cases, the 40% threshold is a noteworthy marker.
According to section 9 of the Federal Child Support Guidelines, “shared custody” is defined as each parent having a minimum of 40% access or custody time with the child.
This calculation carries a lot of weight as it can considerably influence the determination of the child support amount and may lead to conflicts between the parents involved.
However, it is important to note that reaching the 40% threshold does not automatically mean that less child support will be paid. Instead, it simply provides the court with the discretion to consider the issue.
Navigating Disagreements over Custodial Time
Disagreements over the calculation of custody time are not uncommon, especially concerning holidays, vacation periods, and school time. In such instances, the court's role becomes instrumental in interpreting the existing order and making a determination that best serves the interests of the child. The court's decision takes into account a myriad of factors such as the conditions, means, needs, and other circumstances of each spouse, as well as of the child for whom support is sought.
In this case, both parents provided calendars that applied their interpretation of the parenting time order.
The father, who calculates his time in days (overnights), concludes that his access time is over 40 percent.
The mother, who calculates in hours, concludes that the father’s access falls well below 40 percent.
The court sided with the mother's approach, finding it to be a more accurate reflection of the reality of the parties’ situation. The court took into consideration various factors such as school hours, vacation periods, and special dates, and determined that the father's access time did not reach the important 40% threshold.
Diving Deeper into Calculation Methods
While the difference between the two main calculation methods - days versus hours - might seem trivial at first glance, it can have a profound impact on the final custody arrangement and child support calculations. For example, considering a year, calculating in days could result in a count of 365 days, whereas calculating in hours would yield a total of 8760 hours. This discrepancy could be the deciding factor in whether the access parent crosses the 40% threshold.
The time the child spends in activities such as swimming lessons, at day care, at school, or with a nanny can be included in these calculations, as long as the parent claiming this time is the parent who is responsible for the child's well-being during that period.
The Role of Holidays, Vacation Periods, and School Time in Calculations
The process of calculating access time can become more complex when specific dates, holidays, and vacation periods are taken into account. Questions arise such as where the child spends Christmas, how summer vacation is divided, and how school time is allocated. The court meticulously delves into these details and makes decisions on how these specific periods are divided and calculated, including any exceptions and special provisions.
Furthermore, the mother and father disagreed about specific dates and holidays, which further complicated the calculation of access time. The document provides a detailed account of how these disagreements were resolved, including how time during school hours, vacations, and holidays was allocated.
Conclusion
The calculation of access and custody time in child custody cases is an intricate process that demands meticulous consideration and accurate accounting. Gaining a clear understanding of the various methods of calculation, the implications of the 40% threshold, and the factors considered in the event of disagreements is pivotal for anyone navigating this complex landscape. While the journey may seem daunting, acquiring clarity on these elements can provide invaluable guidance in understanding and navigating child custody agreements.
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