How does shared parenting affect child support in Alberta when each parent has the children 40% of the time?
This answer covers the law of Alberta.
Having the children at least 40% of the year changes how child support is worked out. Under section 9, if each parent exercises not less than 40% of parenting time with a child over the course of a year, the court must consider three things. They are the table amounts for each parent, the increased costs of shared parenting time arrangements, and the condition, means, needs and other circumstances of each parent and of any child.
The first factor looks at the table amount for each parent, which depends on that parent's income, the number of children and province. The court weighs those amounts together with the increased costs of shared parenting, so the result is not automatically a simple subtraction. Below 40%, this analysis does not apply and the ordinary table amount for the paying parent is used, subject to undue hardship and to the special rule for income over $150,000.
Split parenting is different: where each parent has the majority of time with different children, the amount is the difference between the amounts each would otherwise pay. A lawyer can help confirm how this applies to your schedule.
Key takeaways
- If each parent has not less than 40% of parenting time with a child over a year, the court must consider both table amounts, the increased costs of shared parenting and each parent's and child's circumstances.
- Below 40%, the shared-parenting analysis does not apply and the ordinary table amount for the paying parent is used.
- Where each parent has the majority of time with different children, the amount is the difference between the amounts each would otherwise pay.
- Special or extraordinary expenses, if requested, are shared in proportion to the parents' incomes after deducting any contribution from the child.