How is child support calculated in Manitoba when parents share 50/50 parenting time?
This answer covers the law of Manitoba.
Equal parenting time does not automatically cancel child support in Manitoba. When each parent has at least 40% of parenting time with a child over a year, the shared parenting rule applies, and a 50/50 schedule meets that threshold. The usual starting point is a set-off: the difference between the two table amounts, which the higher-income parent then pays.
The court does not simply stop there. It must consider the table amounts for each parent, the increased costs of shared parenting, and the condition, means, needs and other circumstances of each parent and of the child. Special or extraordinary expenses can be added, and they are shared in proportion to each parent's income above the level below which no table support is payable. Because the set-off is a starting point and not a fixed rule, the result can differ from a simple subtraction.
A 50/50 schedule is therefore not simply set at the plain table amount. Below 40%, the shared rule does not apply, and the payor pays the table amount for their own income with no set-off. Equal parenting time alone does not settle the amount. The dollar amounts come from the current federal tables, which Manitoba adopts, so a lawyer can help confirm the figures for your situation.
Key takeaways
- Each parent needs at least 40% of parenting time over a year for the shared parenting rule to apply, and a 50/50 schedule meets that threshold.
- The usual starting point is the set-off, which is the difference between the two table amounts, paid by the higher-income parent.
- The court must also weigh the increased costs of shared parenting and each parent's and the child's circumstances, so the set-off is not automatic.
- Below 40% of parenting time, the payor pays the ordinary table amount for their own income with no set-off.