As family lawyers, we know there are often many questions regarding hybrid parenting arrangements and child support. When people think about parenting arrangements post-separation, often times they envision a primary care arrangement (wherein the children reside primarily with one parent), a shared parenting arrangement (wherein the children reside with both parents at least 40% of the time), or a split parenting arrangement (wherein one child lives with one parent and a second child lives with the other parent). All of these parenting arrangements can employ any number of different schedules to arrive at their designation.
But did you know, for families with more than one child, it is possible to employ both a primary care arrangement and a shared parenting arrangement, within the same family? These are known as “hybrid” parenting arrangements. Under these circumstances, separated parents must have at least two children, with at least one child operating under a primary care arrangement and at least one child operating under shared custody or a shared parenting arrangement. In essence, different children in the same family would have different parenting arrangements. To determine whether a hybrid parenting arrangement is in play, a very fact specific analysis will be required.
Hybrid Parenting Arrangements and Child Support
Hybrid parenting arrangements present a unique challenge for the court in determining child support. Although the Federal Child Support Guidelines provide guidance on how to calculate child support for a primary care parenting arrangement, a shared parenting arrangement, and a split parenting arrangement, the Guidelines do not address how to calculate child support in a hybrid parenting arrangement.
Child support in a hybrid parenting arrangement has been canvassed throughout the provinces, with each taking their own approach to the calculation. In general, there are two primary ways in which child support can be calculated in a hybrid parenting arrangement. The first approach is a two-staged approach, which would have the court calculate child support for a primary care parenting arrangement for the first child, and then calculate child support for the second child using the Contino analysis. The second approach utilizes the economies of scale approach. This approach would have the court off-set the child support payable by each parent for the number of children and their respective parenting arrangements, and then engage in a Contino analysis.
For example, if the parties have two children, and Parent A has primary care of Child 1, and Child 2 shares their time equally between Parent A and Parent B, child support would be calculated as follows:
Parent A would pay child support for one child
Parent B would pay child support for two children
The child support payable by Parent A is offset against the child support payable by Parent B
Of the two-staged approach and the economies of scale approach, Courts in Nova Scotia have typically approved the economies of scale approach. Calculating child support in hybrid parenting arrangements can be complicated. We would encourage anyone looking to determine the child support payable in arrangements such as these to please contact one of our family law lawyers or complete the form below to book a consultation.
