Which section allows one to allocate parenting time according to a schedule?

Under Section 16.2(1) of the Divorce Act, the court is empowered to allocate parenting time by way of a schedule. The section emphasizes the importance of defining periods of care clearly. The goal is to create stability and predictability for the child. Section 28(1) of CLRA allows court to allocate parenting time between the parents or other persons who apply. 

Who makes day-to-day decisions about children?

Section 16.2(2) automatically grants the parent with parenting time the authority to make day-to-day decisions during their time unless the court orders otherwise. Section 28(6) of CLRA gives authority to the parent with parenting time to make day-to-day decisions for the child. This supports stability and autonomy for each parent while the child is in their care.

What is shared parenting time in percentage and in days?

The shared parenting time is arranged where the child gets to spend at least 40% of their time with each of their parents, which is roughly around 146 days or 3504 hours.

What is the ideal schedule and which is next best?

The most ideal parenting arrangement is 50/50, but it is unfortunately not possible as the parents have other responsibilities. The next best is 60/40 as this provides both parents a similar amount without any undue hardships to either parent

What are the 4 parenting arrangements?

• A long weekend and extended weekend schedule is where the child gets dropped off at the other parent’s house on Friday and gets dropped off at school or daycare on Monday morning.
• The 4-3 schedule is where the child stays at one parent’s place for four nights and stays with the other parent’s place for three nights. This is similar to the long weekend schedule but both parents are able to spend a part of the weekend with their child, ultimately depending on their schedule.
• The 2-2-5-5 schedule where the parents alternate spending two days with their child and then five days with the child, and they switch accordingly.
• The 2-2-3 schedule , which is similar to the 2-2-5-5 schedule but with alternating weekends, so the child will stay with one parent for two days and stay with the other for two days and then goes back to the other parent for three days and it alternates.

How does shared parenting time affect child support obligations? 

The minimum percentage is 40% to use the child support tables. The court typically decides on child support by looking at the table amount for each parent on their annual gross income. This means their income before taxes before any deductions are made. Things that you can look for to find out your gross annual income is looking at line 150 income on your income tax return, or a notice assessment from the CRA. Another way is looking at your pay stubs for the entire year and adding your earnings before any deductions.

What is set-off child support?

Set-off child support is a method used in shared parenting situations (minimum of 40% with child for each parent) to calculate how much child support one parent owes the other. Each parent’s child support obligation is calculated based their income and the number of children. The two amounts are compared and the higher-earning parent pays the lower-earning parent the difference.

What is the set-off amount?

The set-off amount is where the court takes the smaller amount and the larger amount and subtracts them, so the parent who pays more in child-support would pay the set off to the parent who is paying less.

Example of how the set-off amount is determined:

Example: George and Eva have shared parenting time with their daughter. George’s gross income is $70,000. Eva’s gross income is $40,000. Using the Ontario Child Support Tables, George would have to pay monthly child support of $654 based on his gross income of $70,000 for one child. Eva would have to pay monthly child support of $359 based on her gross income of $40,000 for one child. The monthly difference between $654 and $359 is $295. George pays Eva $295 in monthly child support for their daughter. 

Why is it might be more expensive for parents to have a shared parenting arrangement and which section allows judges to deviate from the set-off amount?

Shared parenting arrangements can be more expensive since each parent has to maintain a house and items for the child at each house. In other words, there is often increased costs due to duplicate clothing and increased travel expenses. Section 9 of Federal Child Support Guidelines (known as “section 9 analysis”) allows flexibility and fairness to accommodate for increasing costs within shared custody. It gives a judge discretion to deviate from the rules. Once the court examines the evidence, then they could decide whether or not deviation is necessary. There is an equivalent Section 9 in the Ontario Child Support Guidelines for a judge to deviate from ordering a straight set-off.