Ensure a proper shared parenting agreement is established post-separation

This article was originally published by The Hamilton Spectator.

Q: How is shared parenting time calculated?

A: The phrase “shared parenting” encompasses parenting schedules post-separation where a parent has the child in their care for a minimum of 40 percent of the time over the course of a year. In “shared parenting” arrangements, both parents have an obligation to pay child support to the other based on the applicable Table amount specified by the Child Support Guidelines. When the two Table Amounts are “set off” against each other, the result is one net payment by the parent with the higher income to the parent with the lower income.

How do you determine whether you have met the 40 percent threshold? The two most common approaches to calculating parenting time are in days or in hours. If using days, to reach 40 percent, generally you would need to have the child in your care for a minimum of 146 days per year. When calculating time in hours, the 40 percent threshold is met if you have the child in your care for a minimum of 3,504 hours out of 8,760 hours per year.

An example of how the hourly approach is applied is in the 2020 Ontario Superior Court of Justice case Edwards v. McMahon. In that case, Justice Piccoli found that based on the parenting schedule, the child would be in the Applicant’s care 2952 hours per year, which translated into 33.7 percent of the time. As this calculation fell short of 40 percent, the parenting arrangement was not deemed to be “shared”, and the Applicant was accordingly ordered to pay the higher amount, being the table amount of child support, instead of the set-off amount of child support.

Before getting out your calculator and spending your resources going through calendars and litigating about parenting time, it is important to be mindful that just because a shared parenting arrangement exists, does not mean the straight set-off amount will automatically be paid. Each case turns on its individual facts and requires a full analysis of section 9 of the Child Support Guidelines. At all times, it is important to remember that the best interests of the child is paramount when considering these issues. 

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