Your Guide To The 60 40 Custody Schedule In Ontario | Tailor Law

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.

The Payor pays the Full Table Amount based on their income.

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

Dad pays Full Table Amount (~$1,500/mo)

Scenario B: 40% Time

Dad hits: 40% time

Result: Set-Off Method

Dad owes: ~$1,500

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

Related Resources

Child Support Calculation Guide

Understanding how child support is calculated in Ontario

Parenting Plan Lawyers (Templates)

Professional parenting plan drafting and templates

Child Support Modification

How to modify existing child support orders

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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