"Shared custody" and "Split custody"

In general terms, in Ontario the phrase "custody" refers to decision-making about a child or children. For example, we use the phrases "sole custody" and "joint custody" to describe arrangements based on which either one or both parents make major decisions about a child or children.

The Child Support Guidelines (both federal and provincial) use the phrase "custody" in a different way and this occasionally causes confusion among parents facing separation.

The phrases "shared custody" and "split custody" refer to a child's or children's residential arrangements rather than the basis on which the child's or children's parents made decisions about them.

Shared custody is a situation in which each of the parents has residence of or access to a child or children for at least 40% of the time. Special child support considerations apply in such situations and in the Federal Child Support Guidelines, those considerations are addressed by section 9.

Split custody is a situation in which each parent has custody of one or more of the children (for split custody to apply, there must be at least two children). Again, the Guidelines provide for a specific mechanism for addressing child support in those situations, under section 8.

Art by Leontine Greenberg - http://www.flickr.com/photos/leontinemay/

What is the "table" amount of child support?

Family law Courts and lawyers use this phrase in their daily parlance - the "table" amount of child support - what does it mean?

This is one of the two components of child support payable in Canada (as opposed to a contribution to special and extraordinary or "section 7" expenses).

This component of child support is calculated based on tables which are part of the Child Support Guidelines (both federal and provincial) - hence the monicker. These tables provide net figures of monthly child support payable, based on the following factors:

1. the number of children in question;
2. the province in question;
3. the income level of the payor (and only the payor parent - the income of the residential parent is not generally relevant for the table child support calculation).

Some issues to think about when talking about the table amount of child support:

1. special considerations apply when the income of the payor parent is more than $150,000;

2. special considerations apply in shared custody and split custody situations (see my earlier post about the confusion surrounding the issue of the word "custody" in these situations).

3. the question of "income for support purposes", ie: the income to be used when determining child support obligations under the tables, is not an easy one, particularly in situations where the payor parent is self-employed.

The table amount of child support is neither taxable to the recipient parent nor tax-deductible to the payor parent.

A beautiful fence in Northern Ontario..

Photo by AJJ