Introduction

In Canada, child support is designed to ensure that children receive the financial support they need from both parents. However, the presence of a shared custody arrangement can impact how child support payments are calculated. Understanding how shared custody affects child support is crucial for both parents to ensure fair and adequate support for their children.

What is Shared Custody?

Shared custody, also known as joint custody or shared parenting, is an arrangement where both parents have significant and ongoing involvement in their child’s life. This can include an equal or near-equal division of parenting time between the parents. Shared custody can take different forms, such as:

• Equal Time: The child spends approximately equal time with both parents.
• Significant Time: The child spends a substantial amount of time with both parents, but not necessarily equally.
• Alternating Weeks: The child alternates between parents on a weekly or bi-weekly basis.

Shared custody is intended to allow both parents to play an active role in their child’s upbringing, but it also affects how child support payments are determined.

How Shared Custody Affects Child Support Payments

In a shared custody arrangement, child support payments are calculated differently compared to sole custody situations. The key factors affecting the calculation of child support in shared custody include:

1. Adjusted Child Support Formula

In shared custody situations, the Federal Child Support Guidelines provide a different formula for calculating child support. The formula takes into account the time each parent spends with the child and adjusts the payment amounts accordingly. The calculation involves:

• Determining each parent’s income: Both parents’ incomes are considered to establish their respective contributions to the child’s support.
• Calculating base child support: The base amount of child support is determined based on each parent’s income and the number of children.
• Adjusting for parenting time: The base child support amount is adjusted based on the amount of time each parent spends with the child.

Example Calculation

Consider a scenario with shared custody:

• Income of Parent A: $60,000 per year
• Income of Parent B: $40,000 per year
• Number of Children: 1
• Custody Arrangement: The child spends 50% of their time with each parent.

In this case, the child support amount might be calculated as follows:

• Base Child Support Amount: Determined using the Federal Child Support Guidelines based on combined incomes and number of children.
• Adjustment for Shared Custody: The base amount is adjusted, often resulting in reduced payments since both parents share parenting responsibilities.

The exact adjustment depends on the provincial or territorial guidelines and any additional expenses (Section 7 expenses) that may need to be considered.

Additional Factors to Consider

Several factors can influence child support calculations in shared custody arrangements:

• Income Disparities: Significant differences in the parents’ incomes may still affect the amount of child support one parent may need to pay to ensure fairness.
• Additional Expenses: Section 7 expenses, such as medical costs or extracurricular activities, are typically shared based on each parent’s income and time spent with the child.
• Parental Agreements: Parents can agree to a different child support arrangement, provided it is fair and in the child’s best interest. This agreement must be formalized through a legal document or court order.

Modifying Child Support in Shared Custody Situations

Child support arrangements can be modified if there is a significant change in circumstances, such as a change in income, parenting time, or other relevant factors. Parents can request a modification of the child support amount by:

• Filing a Motion: Parents may file a motion with the court to adjust child support payments based on new circumstances.
• Negotiating an Agreement: Parents can negotiate a new child support arrangement and formalize it through a separation agreement or court order.

It is important for parents to communicate and seek legal advice when making changes to ensure that the adjustments are fair and comply with legal requirements.

Conclusion

Shared custody arrangements can impact child support payments, requiring adjustments based on each parent’s income and the amount of time spent with the child. The Federal Child Support Guidelines provide a framework for calculating child support in these situations, but various factors, such as income disparities and additional expenses, also play a role. Parents should work together to ensure that child support arrangements are fair and in the best interest of their children, and seek legal guidance if necessary.