Child Support Guidelines in Shared Parenting Cases
Introduction
Child support calculations in shared custody cases can be a complex process. In Canada, the Federal Child Support Guidelines, SOR/97-175 (the "Guidelines"), provide a comprehensive framework to evaluate these cases. However, due to the intricacies involved in these guidelines, it can be quite difficult for parents to navigate the system. This blog post seeks to simplify and explain the key aspects of these guidelines, with a particular focus on how the 40% threshold is calculated, the implications of the notable Contino case, and the three main factors considered under Section 9 of the Guidelines.
Calculating the 40% Threshold
In shared parenting arrangements, the Federal Child Support Guidelines stipulate that for Section 9 to be applied, the support payor must be responsible for children at least 40% of the time. This is often a contentious point as the Guidelines do not specify whether the time should be calculated by counting days or hours, which can lead to significant disagreement between parents. If the 40% threshold isn't met, the inquiry ends and the presumptive table amount governs. However, if the threshold is met, the inquiry continues to determine the appropriate amount of support. Understanding the way this threshold is calculated and applied is crucial for parents in shared custody arrangements.
The Contino Case and its Implications
The Contino v. Leonelli-Contino case in 2005 provided an in-depth analysis and guidance on the application of Section 9 of the Guidelines. This landmark case established that once the 40% access threshold has been met, there is no presumption in favor of deviating from the Guideline amount. This means that even after the 40% threshold is achieved, the court still needs to consider the specific facts of each case when determining how much weight to place on each of the three Section 9 factors. The Contino case is therefore a significant reference point in child support cases involving shared custody.
Understanding Section 9 Factors
Section 9 of the Guidelines lists three factors that the court should consider when calculating child support in shared custody cases. These include the applicable table amount for each parent, the increased costs of shared custody, and the conditions and circumstances of both parents.
The table amount for each parent is determined by setting off the parties’ respective amounts against each other. This is the starting point for the analysis, and it establishes a baseline of child support. However, the court retains the right to modify this baseline if it would result in a significant variation in the child’s standard of living as they move from one household to another.
The second factor, the increased costs of shared custody, is determined by examining both parents’ budgetary and actual childcare expenses. The court begins their analysis by examining these costs and then determines the increased costs of a shared custody arrangement based on expenses duplicated by both parents.
Lastly, the conditions and circumstances of both parents are evaluated based on their financial status and the standard of living for the children in each household. Here, the court emphasizes that common sense assumptions should not be made with respect to expenses. Instead, a detailed examination of the parents' financial statements and the standard of living for the children in each household is undertaken.
Conclusion
Navigating child support in shared parenting cases can be quite challenging, given the complexities of the Guidelines and the variations in individual circumstances.
Understanding the 40% threshold, the implications of the Contino case, and the three factors under Section 9 can provide a clearer perspective on how these cases are evaluated. However, due to the complex nature of these calculations and the potential for significant disagreement between parents, seeking legal counsel is always recommended. Legal professionals can provide a clear understanding of the Guidelines and apply them to specific circumstances, ensuring a fair and informed decision is made.
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