FAMILY LAW CALCULATORS

Shared Custody Support Offset Calculator — Canada

When each parent has the children at least 40% of the time, s.9 of the Guidelines starts from a set-off of the two table amounts. Estimate who pays whom, and how much.

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Parent B's time is 100% minus this. s.9 applies only if both parents have at least 40%.

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Disclaimer: Table amounts are approximated from income; official federal tables vary by province and income bracket, and courts adjust set-offs under Contino. Estimate only — not legal advice.

How the Section 9 Set-Off Works in Canada

Ordinary child support flows one way: the parent with less than 40% of parenting time pays the full table amount. Once each parent exercises at least 40% of parenting time over the year, s.9 of the Federal Child Support Guidelines changes the framework. The starting point becomes the set-off: compute each parent's table amount for all the children as though the other parent had them full-time, subtract the smaller from the larger, and the higher-income parent pays the difference.

Contino: The Set-Off Is a Starting Point, Not the Answer

In Contino v. Leonelli-Contino, 2005 SCC 63, the Supreme Court of Canada held that s.9 requires a contextual analysis, not arithmetic alone. After the set-off (s.9(a)), courts must consider the increased costs of shared custody (s.9(b)) — two homes each need bedrooms, clothing, and gear — and the condition, means, needs and other circumstances of each household (s.9(c)), including standard-of-living gaps between the homes. In practice, many orders land on the straight set-off, but a parent whose household would be visibly poorer can obtain more, and duplicated fixed costs can push the number above the pure difference.

Worked Example

Two children, with parenting time split 55/45. Parent A earns $95,000; the two-child table amount is about $1,410/month. Parent B earns $50,000; their table amount is about $755/month. The set-off is $1,410 − $755 = $655/month payable by Parent A. If Parent B's time were 38% instead of 45%, s.9 would not apply at all and Parent B would receive the full $1,410 — which is why a handful of overnights near the 40% line can be worth over $700/month and is litigated accordingly.

When to Consult a Family Lawyer

Get advice when parenting time hovers near the 40% threshold, when the other side proposes a schedule that looks support-driven, when household living standards diverge sharply, or when incomes need imputation before the set-off is run. Section 9 outcomes are more discretionary than any other Guidelines calculation — precise time records and full financial disclosure decide these cases.

Explore more free tools on our Family Law Calculators hub, walk through our interactive Family Law Wizards to understand your situation step by step, or contact LexScale.ai to build calculators like this for your own law firm website.

How This Calculator Works

Enter each parent's gross annual income, the number of children, and each parent's percentage of parenting time. The tool estimates each parent's full child support obligation using a simplified table approximation, then applies the set-off: the higher obligation minus the lower one, payable by the higher-income parent. If neither parent reaches the shared custody threshold, the tool tells you the ordinary sole-custody table amount applies instead. Because official tables and state worksheets are more granular than any approximation, treat the output as a negotiation starting point, not the final number.

Counting Parenting Time Correctly

The threshold creates a well-documented cliff effect: a few overnights per year can swing support by hundreds of dollars a month. Judges know this and scrutinize whether a proposed schedule is driven by the child's interests or by support arithmetic. A parenting plan that plainly serves the child — school proximity, work schedules, sibling arrangements — will survive that scrutiny; a plan reverse-engineered from the support tables usually will not.

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Child Support Calculator · Parenting Time Percentage · Section 7 Expenses Calculator · Imputed Income Calculator · Custody Time Calculator

Frequently Asked Questions

What is the 40% rule for shared custody child support in Canada?
Under s.9 of the Federal Child Support Guidelines, the shared custody regime applies only when each parent exercises at least 40% of parenting time over the course of a year. Below 40%, the ordinary table amount applies in full. Courts count time by overnights, hours, or a hybrid, and the parent claiming 40% bears the burden of proving it.
How is child support calculated in shared custody in Canada?
The starting point is the set-off: calculate each parent's full table amount for the number of children as if the other had sole custody, and the higher-income parent pays the difference. Contino v. Leonelli-Contino, 2005 SCC 63, holds the set-off is not automatic — courts also consider the increased total costs of shared parenting and the actual condition, means, and needs of each household under s.9(b) and (c).
What did Contino v. Leonelli-Contino decide?
The Supreme Court of Canada's 2005 decision in Contino is the governing authority on s.9. It rejected any presumption that crossing 40% automatically cuts support to a straight set-off. Judges must take a contextual approach: the set-off is step one, then adjustments for duplicated fixed costs (two bedrooms, two sets of clothes), spending patterns, and standard-of-living disparities between the homes.
Does 50/50 parenting time mean no child support in Canada?
No. With equal time but unequal incomes, the higher-earning parent still pays the set-off amount. If Parent A's table amount is $1,050 and Parent B's is $460, Parent A pays roughly $590 even at exactly 50/50. Support only nets to zero when both parenting time and incomes are essentially equal.
How do I prove 40% parenting time?
Keep contemporaneous records: a shared parenting calendar, school and daycare pickup logs, and messages confirming exchanges. Courts commonly count overnights (146 per year = 40%), but hour-counting can capture a parent who covers school days without overnights. Estimates reconstructed after the fact carry little weight against a kept-in-real-time calendar.
Do section 7 expenses still get shared in shared custody?
Yes. Special and extraordinary expenses under s.7 — childcare, health costs, post-secondary, extraordinary activities — are shared in proportion to income on top of whatever set-off amount is paid. Shared custody changes the table amount calculation, not the s.7 proportionate sharing regime.

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