Turn a parenting schedule into a yearly percentage and see whether each parent reaches the 40 per cent shared parenting threshold used for child support.
What is the 40% rule for child support in Ontario? Under section 9 of the Federal Child Support Guidelines (and the matching section 9 of Ontario’s Child Support Guidelines), child support is calculated differently when each parent has at least 40% of parenting time over the course of a year. 40% of a 365-day year is 146 overnights (147 in a leap year). Below that, the table amount normally applies. Reaching 40% does not automatically cancel support: the court then considers both parents’ table amounts, the increased costs of shared parenting and each household’s circumstances.
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A proposed schedule gives Parent B every other weekend (Friday and Saturday nights) plus one midweek overnight every week. That is 4 of every 14 nights: 4 ÷ 14 × 365 = 104.3 overnights a year, or 28.6%. The 40% threshold is 146 overnights, so Parent B is about 42 overnights short.
If the weekends ran from Thursday to Monday morning (4 nights) and the weekly midweek overnight stayed, Parent B would have 6 of 14 nights: 156.4 overnights, or 42.9%. Both parents would then be at or above 40%, and section 9 would govern the child support calculation.
In most cases, the parent with less parenting time pays the child support table amount set by the Guidelines. When each parent exercises at least 40% of parenting time over a year, section 9 requires the court to take three things into account instead: the table amounts for each parent (often compared as a set-off), the increased costs of shared parenting, and the conditions, means, needs and other circumstances of each parent and child. The result can be close to the simple set-off, or quite different from it.
Because so much can turn on a few overnights, the 40% threshold is often argued in parenting disputes. A calculator helps you see where a proposed schedule lands before you agree to it.
40% of a 365-day year is 146 overnights. In a leap year (366 days) it is 146.4, so 147 whole overnights are needed. Some courts count hours or days instead of overnights, which can change the result.
Not necessarily. When each parent has at least 40% of parenting time, section 9 of the Child Support Guidelines requires the court to consider both parents’ table amounts, the extra costs of shared parenting and each household’s circumstances. The higher-income parent often still pays some support.
Yes. Section 9 looks at parenting time over the course of a year, so holidays, summer vacation and special occasions are part of the count. Use the holiday and summer adjustment in the calculator to add or subtract those overnights.
The Guidelines do not prescribe a method. Ontario courts have counted overnights, days and hours, and they look at the real pattern of care. Overnights are a common starting point, which is why the calculator uses them by default and offers an hours option.
If one parent is below 40%, section 9 does not apply and the table amount is normally payable by the parent with less time. Because the difference can be significant, the counting method and actual time exercised are often disputed. Get legal advice on your specific schedule.
Related: Child support in Ontario, Child custody and parenting, All Tailor Law calculators.
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This calculator provides general information about Ontario family law and an estimate based only on the figures you enter. It is not legal advice and does not create a lawyer-client relationship. Results can differ from what a court orders or what parties agree. Speak with a lawyer before relying on any figure.
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