Shared parenting time has become increasingly common for separated and divorced parents in Ontario. Many families work hard to create parenting schedules that allow children to maintain strong, meaningful relationships with both parents. However, once parenting time starts to approach or exceed 40 percent with each parent, questions often arise about how this affects child support and whether the usual table amount still applies.
The so-called “40% rule” is a key concept in determining child support where children live in two homes at least 40 percent of the time. Crossing that 40 percent threshold can change how support is calculated, and it may lead to disputes about how parenting time is measured, what counts as a “day,” and whether support should be reduced, increased, or remain close to the standard table amount. The analysis can be complex, and the outcome will depend on each family’s unique circumstances.
If you are unsure whether your current or proposed schedule meets the 40 percent mark, or if you are experiencing conflict about how child support should be calculated in a shared parenting situation, speaking with experienced Toronto child support lawyers can help you understand your rights and obligations. Getting clear, tailored information early on can make it easier to plan for the future, focus on your children’s best interests, and work toward a fair, sustainable arrangement for both households.
What Is Shared Parenting Time?
Under the federal Divorce Act, shared parenting time is an arrangement where a child spends at least 40 percent of their time with each parent over the course of a year. This is now called “shared parenting time” or “shared parenting,” and it replaces the older language of “shared custody” that is no longer used.
Shared parenting time is different from decision-making responsibility. A parent could have sole decision-making responsibility for the child while still sharing parenting time with the other parent. Likewise, parents can share decision-making responsibility even if one parent has the child less than 40 percent of the time.
If you are not married to the other parent, Ontario’s Children’s Law Reform Act and the associated Ontario Child Support Guidelines also use similar concepts when parenting time is shared.
For a deeper look at the shift from “custody and access” to “decision-making responsibility and parenting time,” read our article about changes to decision-making responsibility and parenting time in Ontario.
How Does A 60/40 Parenting Schedule Work In Ontario?
While a 50/50 parenting arrangement might sound ideal on paper, it is not always practical. Work schedules, distance between homes, school routines, and budgets can all make a strict equal-time schedule difficult.
A 60/40 schedule is often the next best thing. It gives each parent relatively similar time with the child, while hopefully avoiding undue disruption to the child’s routine or hardship to either parent.
To make a 60/40 arrangement work, it is important that:
- Both parents can communicate reasonably well.
- They are able to cooperate on day-to-day matters like homework, extracurricular activities, and medical appointments.
- Each home can offer the child a safe and stable environment.
If you are considering a new parenting schedule, speaking with a child custody and access lawyer in Toronto can help you understand how the schedule might affect both parenting time and support.
Common 60/40 Parenting Time Schedules
Some of the most common parenting schedules that create a 60/40 split (or close to it) include the long weekend schedule, the 4-3 schedule, the 2-2-5-5 schedule, and the 2-2-3 schedule.
Long weekend / Extended weekend schedule
In this arrangement, Parent 1 has the right of access to the child from Monday morning to Friday early afternoon. Parent 2 then spends time with the child from Friday afternoon to Monday morning. Parent 2 usually drops the child off at school or daycare on Monday mornings and picks them up on Fridays. This often works well where one parent’s work schedule is better suited to weekday care and the other parent has more flexibility on weekends.
4-3 schedule
Here, Parent 1 has the child for four nights a week, and Parent 2 has the child for three nights. It is quite similar to the long weekend schedule, except that both parents may spend part of the weekend with the child, depending on how the days are divided. Families sometimes choose this schedule when they want the child to see both parents during the school week.
2-2-5-5 schedule
Each parent alternates spending two days and then five days with the child. Parent 1 spends two days with the child, then Parent 2 does the same. Parent 1 then has five days, followed by Parent 2’s five days. Once families settle into a routine, this schedule can offer a predictable pattern where the child knows where they will be on specific weekdays.
2-2-3 schedule
This arrangement is similar to the 2-2-5-5 schedule but with alternating weekends. Parent 1 spends two days with the child, then Parent 2 has two days. Then the child goes back to Parent 1 for three days, and the schedule repeats with alternating parents. This can be helpful for younger children who benefit from seeing each parent frequently, while still allowing for longer time blocks on alternating weekends.
No one schedule is right for every family. The “best” schedule is the one that supports your child’s stability and well-being and is realistically sustainable for both parents over time.
How The 40% Rule Affects Child Support In Ontario
Calculating the amount of child support will differ if you and your former partner share parenting time. In Ontario, shared parenting for support purposes exists where a parent has the child for at least 40 percent of the time over the course of a year. This is sometimes explained as approximately 146 days or 3,504 hours in a year.
When that threshold is met, section 9 of the Federal Child Support Guidelines allows a court to depart from the usual “table amount” of child support. Ontario’s own Child Support Guidelines under the Family Law Act include a similar 40 percent rule.
There Is No Automatic Formula Once You Reach 40 Percent
Deciding whether the 40 percent threshold has been met can be challenging. Some judges rely on a strict mathematical approach and count parenting time by the hour. Others use a more functional, “big picture” approach that looks at overnights and the child’s actual routine. A parent who has midweek evening time may not be credited with a full day when calculating whether shared parenting exists.
It is also important to understand that reaching 40 percent does not automatically mean child support will be reduced to a simple “set-off” between the two parents’ guideline amounts. The Supreme Court of Canada, in Contino v. Leonelli-Contino, confirmed that there is no presumption in favour of lowering support just because the 40 percent threshold is met, and that the usual table amount is not automatically the correct answer either.
Section 9 of the Guidelines requires the court to consider three key factors:
- The guideline amounts for each parent.
- The increased costs of shared parenting arrangements.
- The conditions, means, needs, and other circumstances of each parent and each child.
In practice, this often means the court will start by comparing what each parent would pay under the table guidelines, but then look closely at each parent’s income and financial obligations, the actual expenses being incurred in each household for the children, and the impact of different support amounts on the children’s standard of living in each home.
The Supreme Court has also emphasized that, as much as possible, a child should not experience a noticeable decline in their standard of living as they move between households following separation.
Because of this complexity, parents who believe they are close to or over the 40 percent mark should obtain specific legal advice. The outcome is highly fact-specific and can depend on detailed financial and parenting evidence.
How Courts Calculate The 40 Percent Parenting Time Threshold
There is no single, universally applied method for calculating parenting time, and different courts may place emphasis on different aspects of a child’s schedule. However, some common themes include:
- Overnights matter. Courts often look first at the number of overnights a child spends in each home over the year.
- Daytime care still counts. Time spent caring for a child on non-overnight days, such as full days on weekends or holidays, is usually included in the calculation.
- Partial days are tricky. Short midweek visits, school pick-ups, or a few hours of time may not by themselves be treated as full “days” for the purposes of reaching 40 percent, especially if the child’s primary care, bedtime routine, and school preparation occur in the other home.
- The court looks at the whole year. Schedules that vary between the school year and summer holidays are usually averaged over a full 12-month period.
Parents sometimes create their own spreadsheet or calendar to track parenting time over the year. This can be helpful, but it is common for each parent’s calculation to be different. A Child support lawyer in Toronto can help you understand how a court is likely to view your specific schedule and what evidence may be useful.
Changes To The Child Support Tables In 2025
Even though the 40 percent rule and section 9 of the Guidelines remain in place, the underlying child support tables were updated on October 1, 2025. The Government of Canada updated the Federal Child Support Tables to reflect more recent tax rules, and those updated tables now apply to new support calculations for periods after that date.
Key information you should know about the 2025 update includes:
- The 2025 tables apply to child support owed from October 1, 2025, onward.
- Earlier time periods generally still use the 2017 tables.
- The formula for calculating support did not change, but the numbers were recalculated using updated tax data.
- All provinces and territories except Quebec have adopted the updated Federal Tables in their own laws, which means the new table amounts also apply in Ontario.
Existing support orders or agreements do not change automatically on October 1, 2025. However, if the new table amounts are significantly different from what is in an existing order, that difference may be considered a “change in circumstances,” which could justify asking the court or a recalculation service to review the amount.
Practical Examples of How the 40% Rule Might Come Up
Parents may encounter the 40 percent rule in several real-life situations. For example, if one parent has historically had the children every other weekend and one midweek evening, and is now seeking additional time, that might bring them into the shared parenting range. In addition, if a new schedule is proposed where the children are with one parent for most school days but split holidays more evenly, it could raise questions about whether the annual average reaches 40 percent. If an existing shared parenting arrangement has been in place for years, a parent may also want to revisit child support in light of income changes and the 2025 table updates.
In each scenario, the court will look at both the parenting schedule and the financial realities. Sometimes the result is a reduced support amount compared to the standard table amount. In other cases, particularly where there is a significant income difference between the parents or where one home carries substantial fixed costs for the children, the support amount may not change very much.
Because there is genuine discretion built into section 9, parents should be cautious about assuming what will happen based on another family’s experience or an online calculator alone.
When to Speak With A Toronto Child Support Lawyer About the 40% Rule
Determining the appropriate child support amount when shared parenting is involved can be complex and stressful. If you believe you are at or near the 40 percent threshold, or your parenting schedule has recently changed, it is sensible to get legal advice about how your specific schedule might be interpreted. A lawyer will better understand how your income, special or extraordinary expenses, and the updated 2025 tables may affect support obligations.
The experienced Toronto child support lawyers at Gelman & Associates can review your schedule, help you understand how the 40 percent rule might apply, and explain your options in clear language. You can also explore related issues with our Toronto child custody and access team if parenting time and decision-making responsibility are both in dispute.
Get In Touch With The Family Law Lawyers At Gelman & Associates
Determining the appropriate child support amount when shared parenting is at play can be challenging, especially now that the child support tables have been updated for 2025. If you think you meet the 40 percent threshold, or you are unsure how close you are, it is important to get advice tailored to your situation.
To discuss your options, contact Gelman & Associates at 1-844-736-0200 or visit our Toronto family law firm to book a consultation. Our lawyers can help you understand how shared parenting time, the 40 percent rule, and the updated child support tables may affect your family, so you can make informed decisions moving forward.
This article provides general information only and is not legal advice. For advice about your specific circumstances, please speak directly with a family law lawyer.
