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 approaches or exceeds 40% with each parent, questions often arise about how this affects child support and whether the usual table amount still applies.
The 40% rule in Ontario is a key concept in determining child support where children spend at least 40% of their time with each parent. Crossing this threshold can change how support is calculated, but it does not automatically eliminate or reduce child support.
Understanding the difference between shared parenting time, joint custody, and decision-making responsibility is equally important. These arrangements affect different aspects of parenting following separation or divorce.
If you are unsure whether your current schedule meets the 40% threshold or how your parenting arrangement affects financial obligations, our Toronto child support lawyers can help explain your rights and responsibilities.
Key Takeaways: Shared Parenting Time and Child Support in Ontario
- The 40% rule: Shared parenting time exists for child support purposes when each parent spends at least 40% of the year exercising parenting time with the child.
- Child support is not automatically reduced: Meeting the threshold changes the applicable calculation, but courts must consider both parents’ financial circumstances and the child’s needs.
- Joint custody and shared parenting are different: Joint custody, now generally referred to as shared decision-making responsibility, concerns major parenting decisions rather than how much time a child spends with each parent.
- Parenting time is assessed over a year: Courts consider the overall parenting arrangement, including regular schedules, holidays, and other relevant circumstances.
- The child’s best interests remain the priority: Ontario courts do not automatically presume that equal parenting time or shared decision-making responsibility is appropriate for every family.
- Existing arrangements can sometimes be changed: Parents may seek modifications to parenting or support orders when the applicable legal requirements are satisfied.
What Is Shared Parenting Time in Ontario?
Shared parenting time generally refers to an arrangement where children spend substantial time living with both parents following separation or divorce.
Under the federal Divorce Act, parenting time refers to the periods during which a child is in a parent’s care, regardless of whether the child is physically with that parent throughout the entire period.
For child support purposes, an arrangement qualifies as shared parenting time when each parent exercises at least 40% of parenting time over the course of a year.
Ontario’s Children’s Law Reform Act also governs parenting arrangements, particularly where parents are not proceeding under the Divorce Act.
The distinction between parenting time and decision-making responsibility is important because parents can have substantial parenting time without sharing authority over major decisions concerning the child.
What Is the Difference Between Joint Custody and Shared Parenting Time in Ontario?
The terms “joint custody” and “shared custody” are often used interchangeably, but they traditionally referred to different aspects of parenting.
- Joint custody generally meant that both parents shared responsibility for making major decisions about their child’s upbringing.
- Shared custody generally referred to an arrangement in which each parent spent at least 40% of the time caring for the child.
Ontario family law now uses updated terminology. What was previously called joint custody is generally described as shared decision-making responsibility, while shared custody is referred to as shared parenting time.
For example, parents may share decision-making responsibility for their child’s education and healthcare while the child spends 70% of their time with one parent and 30% with the other.
Alternatively, a child may spend approximately equal time with both parents even though one parent has sole decision-making responsibility.
These arrangements serve different purposes and should be considered separately when developing a parenting plan.
How Has Joint Custody Law Changed in Ontario?
Significant changes to parenting terminology took effect on March 1, 2021, through amendments to the federal Divorce Act and Ontario’s Children’s Law Reform Act.
The terms “custody” and “access” were replaced in the relevant legislation with “decision-making responsibility” and “parenting time.”
The purpose of this shift was partly to move away from language that could suggest one parent has greater authority or ownership over a child. The updated terminology recognizes that both parents may continue to play important roles in their children’s lives following separation.
What Is Decision-Making Responsibility?
Decision-making responsibility refers to the authority to make significant decisions about a child’s well-being, including matters involving:
- Education and schooling.
- Healthcare and medical treatment.
- Religious and cultural upbringing.
- Significant extracurricular activities.
Parents may share these responsibilities or have different responsibilities allocated between them.
Under shared decision-making responsibility, parents generally need to communicate, consult, and reach agreements about the major matters assigned to them jointly.
Does Joint Custody Mean Equal Parenting Time?
No. Joint custody in Ontario, now generally described as shared decision-making responsibility, does not necessarily mean that children spend equal time with both parents.
The amount of parenting time is determined separately from the authority to make major decisions.
A 50/50 parenting schedule is also not automatically required or presumed under Ontario family law.
According to the Government of Ontario’s guidance on parenting time and decision-making responsibility, parenting arrangements should reflect the child’s needs and circumstances.
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 may be a suitable alternative for some families. It allows children to spend substantial time in both households without requiring precisely equal parenting time.
To make a 60/40 arrangement work, it is helpful when:
- Both parents can communicate appropriately about parenting matters.
- The schedule accommodates school, activities, and the child’s routines.
- Each household provides a safe and stable environment.
- Transportation and parenting exchanges are manageable.
No single schedule is appropriate for every family. The child’s best interests, developmental needs, and family circumstances should guide the arrangement.
Common Shared Parenting Time Schedules in Ontario
Parents may consider several parenting schedules when planning shared parenting time.
Long Weekend or Extended Weekend Schedule
One parent cares for the child during most weekdays while the other has parenting time from Friday afternoon until Monday morning. This arrangement may work well when parents have different weekday and weekend commitments.
Depending on how time is calculated and holidays are divided, this arrangement may fall above or below the 40% threshold.
4-3 Schedule
One parent has the child for four nights per week, while the other has the child for three nights.
This creates a relatively consistent routine and generally provides each parent with substantial parenting time.
2-2-5-5 Schedule
Each parent alternates between two-day and five-day parenting periods. This arrangement creates a predictable schedule and generally produces an equal division of parenting time over the repeating cycle.
2-2-3 Schedule
The child spends two days with one parent, two days with the other, and three days with the first parent. The arrangement then alternates.
This schedule can provide frequent contact with both parents and typically results in an equal division of time over a two-week cycle.
Parents should remember that a particular schedule’s name does not determine whether the 40% requirement is satisfied. The actual parenting time over the year remains important.
What Is the 40% Parenting Time Rule in Ontario?
The 40% rule determines when special child support considerations apply to shared parenting arrangements.
Under Section 9 of the Federal Child Support Guidelines, where each parent exercises at least 40% of parenting time over a year, child support must be determined using additional considerations beyond the usual table amount.
Ontario’s Child Support Guidelines contain a corresponding provision.
For a 365-day year, 40% represents approximately 146 days or 3,504 hours. However, the legal analysis is not necessarily as simple as counting overnight stays.
How Do Courts Calculate the 40% Parenting Time Threshold?
There is no universally applied method for measuring parenting time in every case.
Depending on the circumstances, courts may consider:
- Overnight stays: How many nights the child spends in each household.
- Daytime parenting responsibilities: Time spent caring for the child outside overnight periods.
- School and childcare arrangements: Which parent is responsible for the child during relevant portions of the day.
- Holidays and vacations: How parenting time changes during school breaks.
- The overall annual schedule: Whether each parent exercises at least 40% of parenting time over the full year.
When parents disagree about whether the threshold has been met, detailed parenting calendars and records may be helpful.
A Toronto child custody and access lawyer can assist with reviewing disputed parenting arrangements and explaining the relevant legal considerations.
How Does the 40% Rule Affect Child Support in Ontario?
Meeting the 40% threshold can significantly affect child support calculations, but it does not automatically mean that child support will decrease or disappear. Even where parents share parenting time, child support obligations may still apply, and there can be legal consequences when required child support payments are not made.
Section 9 of the Federal Child Support Guidelines requires courts to consider three factors:
- The child support table amounts applicable to each parent.
- The increased costs associated with shared parenting arrangements.
- The conditions, means, needs, and other circumstances of each parent and the child.
This means courts consider more than the percentage of parenting time.
Parents may incur substantial fixed expenses when maintaining two households for their children, including housing, clothing, transportation, and other necessary costs. A significant income difference between the parents may also affect the appropriate support amount.
Does 50/50 Parenting Time Mean No Child Support?
No. Equal parenting time does not automatically eliminate child support obligations.
Even where children spend approximately equal time with both parents, one parent may still be required to pay child support.
The Supreme Court of Canada addressed shared parenting child support in Contino v. Leonelli-Contino, 2005 SCC 63.
The decision confirmed that a shared parenting arrangement does not automatically create a presumption that child support should be reduced.
Courts must examine the financial circumstances of the parents and the needs of the children.
What Is the Set-Off Method for Shared Parenting Child Support?
The set-off method compares the child support table amount that each parent would otherwise pay based on their respective incomes.
For example, if Parent A’s applicable table amount were $900 per month and Parent B’s were $500 per month, the difference would be $400.
However, this amount would be a starting point for the section 9 analysis, not necessarily the final child support obligation.
Courts must also consider the increased costs of shared parenting and each household’s financial circumstances.
For additional information, see our discussion of what child support covers in Ontario.
How Do the Updated 2025 Child Support Tables Affect Shared Parenting?
On October 1, 2025, updated Federal Child Support Tables came into effect.
These tables reflect updated financial and tax information and apply to child support calculations for relevant periods beginning on or after that date.
The changes did not eliminate the 40% rule or alter the three-factor analysis required under section 9.
However, because shared parenting calculations consider each parent’s applicable table amount, changes to the tables may affect the starting point for determining support.
Parents should also understand that existing child support orders do not necessarily change automatically simply because the tables have been updated.
The Department of Justice Canada’s child support information provides further guidance about child support calculations and the applicable rules.
Can Parenting Time or Decision-Making Responsibility Orders Be Changed in Ontario?
Parenting arrangements sometimes need to change as children grow older, family circumstances evolve, or a parent relocates. Parents may agree to adjust parenting schedules, but where an existing court order applies, the proper legal requirements must still be followed.
A court may consider modifying a parenting order when the relevant legal test is satisfied, including where there has been a material change in the child’s circumstances. The court must continue to consider the child’s best interests.
Changes to parenting time may also create questions about whether child support should be reviewed.
What Happens if a Parent Does Not Follow a Parenting Time Order?
Some of the most difficult conflicts in family court involve parenting time, particularly when one parent believes they are being prevented from spending time with their child.
Where a parenting order is repeatedly disregarded, the affected parent may seek legal remedies. Depending on the circumstances, a court may consider enforcement measures, clarification of the order, or changes to parenting arrangements.
In serious cases, a motion for contempt may be considered. However, contempt is a significant legal remedy with strict requirements and is not appropriate for every parenting disagreement.
The Ontario Family Law Rules establish procedures relevant to family court applications and motions.
Parents should seek legal advice before withholding parenting time, disregarding an existing order, or attempting to change child support payments independently.
Is Shared Parenting the Default in Ontario?
No. Ontario law does not automatically require equal parenting time or shared decision-making responsibility following separation or divorce.
Courts must consider the best interests of the child, including their physical, emotional, and psychological safety, security, and well-being.
Factors such as the child’s age, developmental needs, relationship with each parent, parenting history, and the presence of family violence may be relevant.
Although shared parenting can work well for many families, it is not necessarily appropriate where parents cannot safely or effectively cooperate.
Frequently Asked Questions About Joint Custody and Parenting Time in Ontario
What Is the Difference Between Joint Custody and Shared Custody in Ontario?
Joint custody traditionally referred to both parents sharing authority over major decisions affecting their child. Shared custody referred to an arrangement where each parent exercised at least 40% of parenting time.
The current legal terminology generally uses “decision-making responsibility” and “parenting time.”
Does Joint Custody Automatically Mean 50/50 Parenting Time?
No. Parents may share decision-making responsibility even when their children spend substantially more time with one parent.
Parenting time and decision-making responsibility are separate legal considerations.
Does the 40% Rule Apply to Unmarried Parents in Ontario?
Yes. The 40% threshold is also reflected in Ontario’s Child Support Guidelines, which may apply to child support matters involving unmarried parents.
The applicable legislation and procedural requirements depend on the family circumstances.
Can Child Support Be Reduced if Parenting Time Increases?
Possibly. If parenting time increases enough to meet the 40% threshold, child support may need to be reconsidered under section 9 of the applicable guidelines.
However, reaching 40% does not guarantee a reduction. Courts consider both parents’ financial circumstances and the child’s needs.
Can a Parent Have Sole Decision-Making Responsibility With Shared Parenting Time?
Yes. One parent may have sole decision-making responsibility while both parents exercise substantial parenting time.
The appropriate arrangement depends on the child’s best interests and the family’s circumstances.
How Do You Prove 40% Parenting Time in Ontario?
Parents may use parenting calendars, written schedules, communications, holiday arrangements, and other relevant records to establish how parenting time has actually been exercised.
The court may assess the evidence as a whole rather than relying exclusively on overnight counts.
Can a Parent Refuse Parenting Time Because Child Support Has Not Been Paid?
Generally, parenting time and child support are separate legal obligations. Failure to pay support does not ordinarily justify withholding parenting time.
Where there are concerns about a child’s safety or an existing order, legal advice should be obtained before taking action.
Speak With Our Toronto Family Lawyers About Parenting Time and Child Support
Determining the appropriate child support amount when shared parenting is involved can be challenging. Understanding the distinction between joint custody, decision-making responsibility, and parenting time is an important part of developing a practical parenting arrangement.
If you believe you are approaching or exceeding the 40% parenting time threshold, or your existing parenting arrangement has changed, obtaining legal guidance can help you understand how Ontario family law applies to your circumstances.
At Gelman & Associates, our Toronto family lawyers assist parents with child support calculations, parenting arrangements, and disputes involving decision-making responsibility and parenting time.
Contact Gelman & Associates or call 1-844-736-0200 to schedule a consultation and discuss your family’s circumstances.
Disclaimer: This article is intended to provide general legal information and does not constitute legal advice. For advice regarding your particular circumstances, consult a qualified Ontario family lawyer.
