How Does Joint Custody Impact Child Support Calculations?

What Is Joint Child Custody?

Child custody – parenting time and decision-making responsibility in Ontario – can refer to two specific situations for parents.

• Physical custody (parenting time). This is where the child lives. In joint parenting time, each parent has the child with them for a specified period. That doesn’t necessarily mean the periods will be equal; for example, if one parent lives closer to the child’s school, the child may stay with them during the week so they have easier access to their education and spend the weekends with the other parent. 
• Legal custody (decision-making responsibility). This refers to the critical decisions that need to be made for a child’s well-being and are defined in Ontaro’s Children’s Law Reform Act as: health; education; culture, language, religion, and spirituality; and significant extra-curricular activities. In shared decision-making situations, the parents must make these decisions together, which can involve negotiation and compromise. The small daily decisions are handled by whichever parent the child is with at that time, such as whether the child can have a friend over after school.

Can Child Support Be Ordered if the Parents Share Joint Physical Custody?

People may assume that if physical child parenting time is divided as close to 50/50 as possible, there’s no reason for one parent to pay financial child support to the other. However, that’s not always the case, particularly when one parent has a much higher income than the other.

The court can determine an amount each parent would be responsible for, and then they would subtract the lower amount from the higher amount. The net amount would be what the court orders the higher-earning parent to pay.

How Is Child Support Calculated in Ontario?

In Canada, child support amounts are calculated using federal child support tables. These calculations take into account each parent’s income and the number of children involved.

Is Child Support Based on a Percentage of the Parent’s Income?

The monthly support for ordinary daily expenses is based not on a percentage of the paying parent’s income but on the federal child support tables mentioned above. That table calculates support amounts for a paying parent who earns between $12,000 and $150,000 annually. If the parent earns more than that, the courts have some latitude to adjust the amount accordingly, factoring in the lifestyle the child is used to, the financial situation of each parent, and what extraordinary expenses exist.

The court determines how extraordinary expenses are handled and calculates them based on factors including the number of children and the paying parent’s income, but not the recipient’s.

Is the Federal Child Support Table Amount Always the Amount That the Court Orders?

The tables usually set the amount for parents with incomes between $12,000 and $150,000, but there are some exceptions.

• The paying parent is a stepparent.
• The paying parent faces undue financial hardship or difficulties paying.
• The child is not a dependent.

In these cases, the court may order a support amount lower than the tables recommend, or they may not order child support payments at all. If you’re concerned that the amount you may be ordered to pay falls into one of these categories, contact an experienced child support lawyer in Ontario for assistance. 

How Long Do I Have to Pay Child Support?

In general, a parent pays child support until the child turns 18, or if the child moves out and becomes independent before turning 18, support ends when the child moves out. However, there are some exceptions. If the child attends undergraduate or graduate school full-time, the parent may pay until the education is completed. It’s more likely they’ll pay during the undergraduate degree than a graduate degree, but there are times when the court orders payments through advanced education.

If the child is disabled or has a chronic illness that affects their ability to earn a living, the parent may pay indefinitely.

Can Child Support Be Changed or Cancelled?

Either is possible, but there must be proof of a material change for the court to consider either action. A material change could be:

• The paying parent has a significant change in income, whether an increase or decrease.
• The dependent child develops a chronic illness or disability that wasn’t present when the original child support was ordered.
• The paying parent develops a chronic illness or disability.
• The child gets married. 

What Should I Do if I Need Help with Child Support Payments in a Joint Parenting Situation?

Call Anthony Family Law at 647-933-2397 to schedule a free consultation. Divorce is one of life’s most stressful events, and it can be even more so when issues of child custody and support are involved. Our team of experienced, knowledgeable child custody and support lawyers understands what’s at stake and how important this is to you. We can review the specifics of your case and help you determine what approach might lead to the best possible outcomes.