A shared parenting arrangement is one wherein the child spends at least 40% of their time with each parent. A common family law misconception about shared custody arrangements is that no child support is payable by one parent to the other. In actuality, this is incorrect. Child support may still be payable by one parent to the other, and it can, at times, be a very involved process to determine.
How Is Child Support Calculated In Shared Custody Arrangements?
The Federal Child Support Guidelines, at paragraph 9, outline how child support is calculated in shared parenting arrangements. This is a three-step analysis, which requires the Court to consider:
(a) the amounts set out in the applicable tables for each of the spouses;
(b) the increased costs of shared parenting time arrangements; and
(c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.
The Supreme Court of Canada, in the case of Contino v Leonelli-Contino, 2005 SCC 63, discusses this analysis in depth, and provides a framework in which the Court is able to undertake it. Accordingly, the calculation of child support in shared parenting arrangements has become known as a “Contino Analysis.”
A “Contino analysis” requires that the Court look deeper into each parties’ household, the family members living within it, and the expenses undertaken by both parties with respect to the children for whom child support is sought. Financial disclosure is often required of other household members earning an income and a “child expense budget” is completed by both parents.
Considering The Increased Costs of Shared Parenting Arrangements
Following a Contino analysis, first, the child support payable by each parent is calculated. Second, the Court considers the increased costs of shared parenting. For example, will one parent’s monthly food bill be higher, if the child is living with them half of the time? Will the monthly gas bill increase? Third, the Court will look at the conditions, means, needs, and other circumstances of each spouse for who child support is sought. It is under this part of the analysis where household incomes become relevant, and the Court is tasked at considering the household standard of living.
Child support in shared parenting arrangements can be very tricky to calculate. It is a complex analysis, and one that is very fact specific with various disclosure obligations. The family law team at Lenehan Musgrave can help navigate these claims and put your best case forward. Contact us for more information today, or submit the form below.
