What is the parenting schedule?
The amount of child support payable will depend on the parenting schedule in place. Where a parent has the child more than 60% of the time, the other parent will be required to pay the full amount of support required by the applicable guidelines. Where both parents have the child at least 40% of the time, the support payable may be reduced or set off. The first step in determining the child support payable is to look at the parenting schedule and determine how much time the child spends with each parent.
The quantum of support payable will depend on the income of the payor parent. Typically, the income used for calculating support will be based on the previous year's Line 150 income as reported on an Income Tax Return. There are, however, circumstances where the Line 150 income is not appropriate. Instead, a court may prefer the average of the last 3 year's income, or it may impute a different amount. We can provide more information about determining the appropriate income for support purposes.
The Federal Child Support Guidelines
Once you have determined the income of the parties and how much time the child spends with each parent, the Federal Child Support Guidelines will specify the amount of child support payable. The guidelines will tell you the monthly child support payable taking into account the number of children, income, province of residence and parenting schedule.