Shared Parenting Time and Child Support in BC

Shared Custody and Child Support - Why the Table Amount Can Change

Many parents still search for "shared custody child support" in BC, though the law now says parenting time rather than custody. The question behind the search is the same: if the children spend close to equal time in each home, does the usual table amount still apply? Under the Federal Child Support Guidelines, the answer is that a different rule takes over once parenting time crosses a threshold, and the calculation becomes more flexible, and more contested.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. This page explains the shared parenting time rule in section 9, the split parenting time rule in section 8, and why the popular idea of a simple set-off is only the beginning of the analysis. For the basics of the table system, see our complete child support guide and our child support services.

The 40 Percent Threshold in Section 9

Section 9 of the Guidelines applies "if each spouse exercises not less than 40% of parenting time with a child over the course of a year." In BC, the same rule applies to parents and guardians under the Family Law Act, because BC's regulation adopts the federal Guidelines. Two details in that wording matter.

First, the threshold is measured over the course of a year, not over a single week or month. A schedule that looks equal in the school year but not through summers and holidays has to be counted across the whole year.

Second, both parents must be at or above 40 percent. If one parent has the children 70 percent of the time, section 9 does not apply and the ordinary table amount does.

The Guidelines do not say how to count parenting time. Whether you count overnights, days, or hours can change which side of the line a schedule falls on, which is why the threshold gets argued about. Before taking a position, map your actual schedule across a full year. Our calculators and tools page includes a parenting time calculator that does the counting for you, and our parenting plan guide helps you write a schedule clearly enough that the count is not a fight later.

The Three Section 9 Factors - Set-off Is a Starting Point, Not the Answer

When section 9 applies, the amount of child support must be determined by taking into account three things:

1. the amounts set out in the applicable tables for each of the parents
2. the increased costs of shared parenting time arrangements
3. the conditions, means, needs and other circumstances of each parent and of any child for whom support is sought

The first factor is where the well-known set-off comes from: you look up the table amount each parent would pay the other, and the difference between the two numbers is the natural starting point. Many shared parenting cases do land close to that figure.

But section 9 has three factors, not one, so the set-off is not automatic. Running two homes costs more than running one: two sets of bedrooms, clothing, food, and driving. The second factor lets the court account for those increased costs. The third factor opens up the actual financial condition of each household, including each parent's means and each child's needs. The end number can be higher or lower than the straight set-off. That flexibility is also why both parents' full financial pictures matter here, unlike a straight table case. Our Form F8 financial statement guide covers what each side discloses.

For a practical look at how these arrangements work day to day, see our post on shared parenting arrangements in British Columbia.

Split Parenting Time Under Section 8

Section 8 covers a different situation: two or more children, where each parent has the majority of parenting time with at least one of them. For example, a teenager lives mainly with one parent while a younger sibling lives mainly with the other.

Here the Guidelines do prescribe a set-off. The amount of support is the difference between the amount each parent would otherwise pay if an order were sought against each of them. You calculate the table amount each parent owes for the child or children in the other home, and the parent with the higher number pays the difference. Unlike section 9, section 8 leaves no separate list of discretionary factors for the basic amount.

Getting There by Agreement

Nothing in sections 8 or 9 requires a courtroom. Parents can run the numbers, exchange disclosure, and record the result in a separation agreement, and family mediation is well suited to shared parenting cases because the money issue and the schedule are tangled together.

Section 7 special expenses are calculated separately and continue to apply in shared and split arrangements.

Frequently Asked Questions

What Is the 40 Percent Rule for Child Support in BC?

Section 9 of the Guidelines applies when each parent exercises not less than 40 percent of parenting time with a child over the course of a year. Once both parents are at or above that line, support is determined using the three section 9 factors rather than the straight table amount.

If We Share the Children 50/50, Does Anyone Pay Child Support?

Usually yes, when the incomes differ. Equal time does not mean equal resources. The starting point is the difference between the two table amounts, adjusted for the increased costs of two households and the circumstances of each parent and child. Support typically flows from the higher earner to the lower earner.

How Is Parenting Time Counted for the 40 Percent Threshold?

The Guidelines set the threshold but do not set a counting method, and overnights, days, and hours can produce different results. Count across a full year, including holidays and summers, and keep records.

What Is the Difference Between Shared and Split Parenting Time?

Shared parenting time means each parent has the same child at least 40 percent of the year. Split parenting time means there are two or more children and each parent has the majority of time with at least one child. Shared cases use the three-factor analysis in section 9; split cases use the set-off formula in section 8.

Talk to a Child Support Lawyer in Surrey for Free

If your parenting schedule is near the 40 percent line, or support in your shared arrangement feels wrong, get advice before you agree to a number. The first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.