Child Support With 50/50 Shared Parenting Time in Manitoba

Many parents with an equal schedule assume that no one pays support. In Manitoba that is not automatically true.

This article explains the shared-parenting rule in section 9 of the Guidelines, how the set-off usually works, and where it stops applying. The outcome is discretionary, so a lawyer can help with your facts.

This article covers the law of Manitoba.

When the shared parenting rule applies

Manitoba's guidelines are the Manitoba Child Support Guidelines Regulation, M.R. 52/2023, made under The Family Law Act, and in force since July 1, 2023. The regulation adopts the federal tables rather than setting its own. The applicable table is the one for the province where the parent against whom the order is sought habitually resides, with exceptions for parents living outside Canada.

The guidelines aim to set a fair standard of support for children, reduce conflict between spouses and promote consistent treatment of similar cases. Which statute governs your case depends on whether you were married and whether a divorce is sought, so it is worth confirming with a lawyer.

Section 9 applies when each parent exercises not less than 40% of parenting time with a child over the course of a year. A 50/50 schedule meets that threshold, and support is not automatically set at the plain table amount.

Below 40%, section 9 does not apply and the ordinary table amount under section 3 is used. The payor then pays the table amount for their own income, with no set-off.

How the set-off works

The court 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. Equal time therefore does not automatically cancel support.

The usual starting point is the set-off: the difference between the two table amounts, which the higher-income parent then pays. This is a starting point, not a rule that always decides the amount, because the outcome is discretionary.

Income and add-on expenses

The basic amount depends on the paying parent's pre-tax income and the number of children. Income starts from the Total income line on the T1 General tax form, adjusted under Schedule III. The court can look at the last three years if the standard figure would not be fair, and can impute income, for example for intentional under-employment.

Section 7 add-ons, such as childcare, health, education and extracurricular costs, can still apply beyond the table amount. They are shared in proportion to each parent's income above the level below which no table support is payable.

If a payor's income is over $150,000, the court may use the table amount. If it finds that inappropriate, the table amount applies to the first $150,000 and the court sets an amount for the rest, plus section 7 expenses.

A parent or child who would otherwise suffer undue hardship can ask the court to depart from the table amount. The application must be denied if the claiming parent's household would have a higher standard of living than the paying parent's.

Parenting time and support are separate

Manitoba guidance says there is no legal connection between whether a parent has parenting time and whether child support is paid. A parent cannot withhold support because of a dispute about the schedule, and a parent cannot be refused time because support is unpaid.

Both parents may need to disclose their income. Three years of income disclosure under section 21 of the Guidelines is common.

Getting a calculation or changing it later

The Child Support Service can calculate child support in accordance with its Act and the child support guidelines. A parent, or another person on behalf of a child, may apply. For an initial calculation, the parents must live separate and apart, and no order or family arbitration award can already provide for the child's support.

An initial application uses the Application for a Child Support Calculation Decision (Form A) and a Family Resolution Service intake form, unless one was already filed. Form E.1 covers shared or split parenting. There is no fee to file, though out-of-pocket costs such as serving documents on the other parent may arise. Manitoba states a decision can take between three to five months, and the first calculated payment may be backdated to the date the Service receives the application. Real timing varies with how complete your file is.

A calculation decision has the same effect as a child support order and is enforceable through the Maintenance Enforcement Program. If circumstances change, a payor must provide updated income information on written request, and a change that would result in a different order is grounds for variation of a table-based order. Recalculation uses Form M and has no fee. An early recalculation cannot be made earlier than six months after the last order or recalculation decision.

What to do next

• Keep a calendar showing the actual schedule over a full year, since the 40% test looks at the year.
• Gather three years of tax returns and Notices of Assessment.
• List shared costs such as childcare, medical and school expenses.
• Use the current federal tables or Justice Canada calculator to estimate each parent's table amount.
• Ask a family lawyer how section 9 may apply to your schedule.

Frequently asked questions