More on the Child Support Guidelines Formulas – Split Custody

In my last post, I wrote that the Child Support Guidelines contain specific provisions that deal with how support is to be calculated in situations involving a “shared custody” arrangement between parents.

Another specific section of those Guidelines addresses support in cases of “split custody” – those situations where each parent has sole custody of one or more children.   (For example, the mother  may have custody of the daughter, and the father may have custody of the son.  Or vice versa).

The Guidelines provide for a simple set-off:  the child support is the is the difference between the amount that each parent would otherwise pay if a child support order were sought against each of them.  The set-off applies to the amount that would be owed to each parent by the other.  Here are the steps:

1. Each parent determines the Guidelines Table amount to the number of children in his or her custody.
2. The lower amount is subtracted from the higher amount.
3. The difference is the basic amount of support that is payable to the parent who has the greater amount owing to him or her.

This approach incorporates the idea that both parents contribute to the support of the child in his or her custody (with adjustments made for the conditions, means, needs and other circumstances of the parent and child).  The actual contribution of each parent is compared to the Guidelines Table amount, which is calculated as if each of them were non-custodial parents who are obliged to pay custody on their own.

Are you in a split custody situation?  We can help you understand your obligations.  Shulman Law Firm is a Toronto-area firm of experienced Family Lawyers who can provide tailored,  practical advice and effective representation in connection with separation and divorce, child custody and support, cohabitation and separation agreements, family mediation, and all other areas of Ontario Family Law.  Contact us to set up a consultation.