The 60/40 Custody Schedule: The 'Magic Number' for Child Support.
Why hitting the 40% parenting time threshold changes everything. Understanding Shared Custody, the 'Set-Off' calculation, and how to structure a schedule that works.
Legal Review: This custody guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Section 9 of the Federal Child Support Guidelines (2026).
Why Does 40% Matter?
In Ontario family law, the 40% mark is the dividing line between 'Sole Custody' and 'Shared Custody' for financial purposes.
Under 40%:
The Payor pays the Full Table Amount based on their income.
Over 40%:
The Payor enters a 'Shared Custody' regime (Section 9). Support is typically calculated using the 'Set-Off' method (Higher Income minus Lower Income), drastically reducing the monthly payment.
Counting the Days (and Nights)
To qualify for the reduction, you need 146 nights per year (40% of 365).
Standard Access (Not Enough)
Every other weekend (Friday to Sunday) is only about 14% time. Even adding a Wednesday dinner visit brings you to only 18%. You pay Full Table Support.
The Extended Weekend (Close)
Every other weekend (Thursday to Monday morning) gets you closer to 28%. Still not enough for the reduction.
The 60/40 Split (Qualifies)
Example: 4 nights with Dad, 3 nights with Mom (or vice versa). Or a Week-On/Week-Off schedule with one mid-week visit. This hits the 40% threshold.
50/50 Equal Time (Qualifies)
The '2-2-3' or 'Week-On/Week-Off' schedule implies 50% time (182 nights). This definitely qualifies for the Set-Off reduction.
The Financial Impact
Scenario A: 39% Time
Dad earns: $100,000
Mom earns: $60,000
Dad has the kids: 39% of the time
Result:
Dad pays Full Table Amount (~$1,500/mo)
Mom pays $0
Scenario B: 40% Time
Dad earns: $100,000
Mom earns: $60,000
Dad hits: 40% time
Result: Set-Off Method
Dad owes: ~$1,500
Mom owes: ~$900
Dad pays difference: ~$600/mo
(Saving $900/mo!)
Sample Schedules That Work
The '4-3' Rotation
Parent A has Mon-Tue-Wed-Thu. Parent B has Fri-Sat-Sun. Then swap. This averages to roughly 57% / 43%.
The Extended Weekend + Midweek
Parent B has alternate weekends (Fri-Mon) PLUS every Wednesday overnight. This can push the total over the 146-night threshold.
Week On / Week Off
The simplest way to achieve 50/50. Requires older children and parents who live close to the school.
The 'Cliff Effect' Warning
Be careful. Fighting for one extra night just to save money is obvious to judges. The schedule must be in the Child's Best Interest, not the wallet's best interest.
60/40 Schedule FAQs
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She helps parents negotiate shared parenting schedules that maximize time with children while ensuring financial obligations are fair and legally compliant.
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