Shared Parenting Time and Child Support in Ontario: Understanding the 40% Threshold

Published October 11, 2026 · Meysami Law Professional Corp. · Ottawa

A shared parenting schedule does not automatically eliminate child support. Under section 9 of the Federal Child Support Guidelines, shared parenting time exists for support purposes when each spouse exercises at least 40% of parenting time with a child over a year. Once that threshold is met, the analysis considers both table amounts, the increased costs of shared parenting and the circumstances of the parents and child.

The 40% test is measured over a year

The Guidelines refer to each spouse exercising not less than 40% of parenting time over the course of a year. Justice Canada's guidance uses the same annual threshold. The analysis should use the actual or reliably proposed schedule, including regular weeks, holidays and other recurring time, rather than a label such as shared custody or an isolated month.

Crossing 40% does not make support zero

Justice Canada explains that one parent will likely still pay child support in a shared-parenting arrangement. Section 9 does not prescribe an automatic zero amount. Nor does the threshold itself decide every issue about income, special expenses, arrears or a prior order.

Section 9 requires three groups of factors

The court must take into account the applicable table amount for each spouse, the increased costs of shared parenting arrangements, and the conditions, means, needs and other circumstances of each spouse and child. Comparing the two table amounts may be a starting point, but a simple set-off is not the complete statutory analysis.

Shared and split parenting time are different

Shared parenting time concerns a child spending at least 40% of the time with each parent. Split parenting time applies when there are two or more children and each parent has the majority of parenting time with at least one child. The Guidelines use different provisions, so the family schedule must be described accurately.

Organize both schedule and financial evidence

Keep a clear parenting calendar and the agreement, order or proposed schedule. Gather current tax returns, notices of assessment, pay information, benefit details and self-employment or corporate records where applicable. Also organize information about child-related costs in both homes and any section 7 special or extraordinary expenses.

Review changes before assuming the amount changes

A shift in parenting time, income or expenses may justify a review, but it does not automatically amend an existing agreement or court order. Obtain advice about disclosure, effective dates, documentation and the proper process before withholding payment or treating a temporary schedule as a permanent support change.

This article is general information as of October 11, 2026, not legal, tax or financial advice. Rules and circumstances can change. Contacting the firm does not create a lawyer-client relationship.