- If each parent has at least 40% of parenting time with a child over a year, the court must look beyond the simple table amount.
- Shared parenting does not switch child support off; the table amount is still the starting point for each parent.
- Child support and parenting time are separate issues, so neither parent can use one to bargain over the other.
Many separated parents split time with their children fairly evenly. If that is you, you may wonder whether you still owe child support, or whether the amounts simply cancel out.
This article explains the shared parenting rule in section 9 of the Federal Child Support Guidelines, which apply to child support orders in British Columbia. It is general information, not advice for your situation.
This article covers the law of British Columbia.
The basic rule before shared parenting
Each parent and guardian has a duty to support a child. Under the Family Law Act, child support orders must follow the child support guidelines. Under the Divorce Act, a court must also make a child support order in accordance with the applicable guidelines.
The usual starting point is the table amount for the paying parent's province plus any special or extraordinary expense amount. The table amount is based on the paying parent's income only, not the other parent's income.
What section 9 says about the 40% threshold
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: the table amount for each parent, the increased costs of shared arrangements, and each parent's circumstances.
Comparing the table amount for each parent is often called a set-off. It is a factor the court must consider, not an automatic subtraction. The court looks at the whole picture, so the result can differ from a simple cancelling-out.
- The table amount for each parent.
- The increased costs of shared parenting arrangements.
- The circumstances of each parent.
How parenting time is counted
The rule looks at parenting time over the course of a year, not a single month or week. How particular schedules, holidays, overnights or changing arrangements are counted can depend on the facts and on how a court views them. If your schedule is close to the 40% line, it is worth getting legal advice before you rely on a number.
Keep an honest record of the schedule you actually follow. A written parenting schedule and a calendar of what really happens are useful if the amount of time is ever disputed.
Related situations that work differently
| Situation | What the Guidelines say |
|---|---|
| Each parent has at least 40% of the time | The court must consider the table amounts, increased costs and each parent's circumstances. |
| Each parent has the majority of time with at least one of two or more children (split parenting) | Support is the difference between the amounts each parent would otherwise pay. |
| Undue hardship | A court may award a different amount, but must deny the claim if the claiming household would have a higher standard of living than the other household. |
Parents can also agree on an amount that differs from the guidelines. A court may depart from the guidelines if the parties consent or have an agreement and reasonable arrangements exist for the child's support. Parents cannot agree that the other parent does not have to pay child support at all, because support is the child's legal right.
What to do next
- Write down your actual parenting schedule over a full year.
- Gather income records: a parent's income starts from the 'Total income' line of the T1 General tax form.
- Remember that the other side must provide income documents within 30 days if in Canada or the U.S., or 60 days elsewhere, in a court case.
- Keep support and parenting time separate: a parent cannot withhold support over contact issues, and cannot refuse parenting time because support is behind.
- Speak with a family lawyer before signing an agreement or filing.
Frequently asked questions
Does 40% parenting time mean I pay no child support?
Not automatically. At 40% or more for each parent, the court must consider each parent's table amount, the increased costs of shared arrangements and each parent's circumstances. The result depends on those factors.
Does the other parent's income matter under the table?
The table amount depends on the paying parent's income only. The other parent's income can matter for sharing special expenses and for the shared parenting and undue hardship exceptions.
Can we agree on a different amount?
A court may depart from the guidelines if the parties consent or have an agreement and reasonable arrangements exist for the child's support. You cannot agree that child support is not owed at all.
Can I stop paying if I am not getting my parenting time?
No. Support and parenting time are separate issues, and a paying parent cannot withhold support because of parenting time or contact problems. A lawyer can help you address the parenting time issue properly.
Sources
- Family Law Act, Part 7 (BC Laws) — bclaws.gov.bc.ca
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Federal Child Support Guidelines (SOR/97-175) — Justice Laws (federal)
- gov.bc.ca: Child support — www2.gov.bc.ca
- gov.bc.ca: Late or refused child support — www2.gov.bc.ca
- Federal Child Support Guidelines, Schedule I notes — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.