A 60/40 shared parenting schedule in Ontario triggers Section 9 of the Child Support Guidelines, using a set-off formula where the higher earner pays the difference between the two parents’ table amounts. Judges will also evaluate the true costs of running two homes, and filing your application is completely free ($0 CAD) if limited to support and parenting.
The Financial Realities of a 60/40 Parenting Split
Raising children across two households introduces complex financial dynamics. Under modern Canadian family law, we use the terms “parenting time” and “decision-making responsibility” rather than custody. When parents share the physical care of their children somewhat equally-such as a 60/40 or 50/50 split-the law recognizes that both parents are incurring massive duplicate expenses, from buying two sets of winter clothes to maintaining larger rental apartments with extra bedrooms. 📍
In Ontario, the Federal Child Support Guidelines dictate how money is handled when the 40% time threshold is met. Whether you are settling your separation in Ottawa, Hamilton, or Brampton, a 60/40 split means the standard rule of “one parent pays full table amounts” is thrown out the window. Instead, courts apply a nuanced formula designed to ensure the children enjoy a roughly comparable standard of living in both of their homes. 📝
Step-by-Step Process for Calculating Support
Determining the exact dollar amount for a shared schedule requires transparency and some basic accounting. Most parents work with a local law firm or mediator to run these numbers and properly format their formal documents. 💼
Step 1: Determining Base Incomes
The foundation of any support calculation is the Line 15000 Gross Income for both parents. You must exchange full financial disclosure, including at least three years of CRA Notices of Assessment and current pay stubs. If one parent is self-employed or owns a business, their income may need to be adjusted (grossed up) to reflect the true cash flow available for support. 💸
Step 2: Applying the Set-Off Formula
Once incomes are verified, your lawyer will look up the theoretical support obligation for both parents in the federal tables. For example, if Parent A makes $90,000 and Parent B makes $50,000, the table shows what Parent A would pay if B had primary care, and what B would pay if A had primary care. The set-off formula simply subtracts the lower number from the higher number, establishing the baseline monthly payment. 💰
Step 3: Analyzing Section 9 Factors
The set-off calculation is only the starting point. Under Section 9(b) and 9(c) of the Guidelines, the court must consider the actual increased costs of shared parenting arrangements. If the strict set-off amount leaves the 60% parent unable to afford basic housing, a judge at the Superior Court of Justice can deviate from the formula and increase the payment to protect the children’s well-being. ⚔
Step 4: Calculating Section 7 Special Expenses
Base monthly support is meant to cover food, shelter, and basic clothing. You must separately calculate Section 7 “special or extraordinary expenses.” These include daycares, orthodontics, or rep hockey fees. In a 60/40 split, these expenses are almost always divided proportionally based on the parents’ respective gross incomes, regardless of who writes the cheque to the provider. 💳
Step 5: Finalizing the Legal Agreement
Verbal agreements about money are legally useless and cannot be enforced. You must draft a legally binding Separation Agreement outlining the 60/40 parenting schedule, the set-off support amount, and the breakdown for special expenses. This document is then filed with the court and registered with the Family Responsibility Office (FRO) for automatic enforcement. 📑
How Much Does it Cost in Ontario?
Finalizing a 60/40 support arrangement involves typical family law fees. Drafting a watertight agreement prevents costly misunderstandings down the road. 💵
| Expense Type | Description | Estimated Cost (CAD) |
|---|---|---|
| Court Filing Fees | Free ($0) if limited to support and parenting time. If property is included, the fee is $214 (or $669 with divorce). | $0 – $669 |
| Financial Appraisals | Hiring an accountant if a parent hides self-employed income. | $1,500 – $5,000+ |
| Lawyer Fees | Retaining a family lawyer to negotiate and draft the agreement. | $2,500 – $6,000 |
| Mediation Services | Using a neutral third party to finalize the Section 7 expense list. | $1,000 – $3,000 |
Remember that child support is entirely separate from spousal support. You may still have to budget for spousal support payments even if your child support is reduced by the shared schedule.
How Long Does the Process Take?
Getting your support numbers locked in is directly tied to how quickly both parents provide their financial disclosure. If both sides hand over their tax returns immediately and agree on the 60/40 parenting schedule, a final agreement can be signed within 2 to 4 months. ⏱
If a parent refuses to provide their CRA documents or argues about what constitutes a “special expense,” your lawyer will need to file a motion to compel disclosure. This type of litigation can extend the process to 8 to 14 months depending on the backlog at your local family courthouse.
Frequently Asked Questions (FAQ)
Does a 60/40 split mean I pay exactly 40% less support?
No. The calculation is not a simple percentage discount. The set-off formula compares the theoretical table amounts of both parents. The final number heavily depends on the disparity between the two incomes, not just the percentage of days the child spends with you.
Can the 60% parent demand the full table amount anyway?
They can ask, but courts generally follow the Section 9 set-off rule once the 40% threshold is crossed. However, if the 60% parent can prove that the set-off amount causes severe financial hardship and disrupts the child’s standard of living, a judge may order an amount closer to the full table guideline.
Do we both get the Canada Child Benefit (CCB)?
Yes. The Canada Revenue Agency (CRA) recognizes a 60/40 split as a shared custody arrangement for tax purposes. Both parents must notify the CRA, and the government will generally split the monthly CCB payments 50/50 between the two households.
What happens if the schedule drops to 70/30 later on?
If the actual parenting time falls below the 40% threshold (e.g., dropping to 30%), the shared set-off formula no longer applies. The parent with 30% time would then be legally required to pay the full, undivided table amount of child support to the primary parent.
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