FCSG s. 9 Shared-Custody Threshold
Parenting Time Calculator (Canada)
Free parenting-time calculator. Determine each parent's annual percentage and whether the 40% shared-custody threshold under FCSG s. 9 is met — the gateway to Contino set-off analysis.
Parenting Time Inputs
Enter the payor parent's typical week. The calculator estimates annual overnight share.
0–5 nights typically; e.g. 2 = Tuesday + Thursday
0, 1, or 2 — e.g. alternating weekends ≈ 1
March break, summer, December holidays — e.g. 21 = 3 weeks
FCT
Annual Overnight Split
Payor: 0 nightsRecipient: 365 nights
Below 40% threshold — sole-custody framework applies
The payor exercises 0.0% of parenting time. Under FCSG s. 3, the full table amount is presumptively payable.Methodology
Parenting-time analysis under the Federal Child Support Guidelines uses overnight counts as the primary metric. The s. 9 threshold (40% of parenting time) is a gateway — once met, the court has discretion to vary from the table amount.
- 1Count annual overnightsFCSG s. 9 — counting parenting timeStandard year = 365 overnights. Weekday + weekend overnights × 52 weeks + holiday/vacation overnights = total nights for each parent.
- 2Apply the 40% thresholdFCSG s. 9; Contino v. Leonelli-Contino 2005 SCC 63If the payor exercises 40% or more of parenting time, FCSG s. 9 applies. Below 40%, the table amount under s. 3 is presumptively payable. The 40% calculation is fact-specific — courts look at overnights, not just "custody" labels.
- 3Compute set-off where threshold metFCSG s. 9; Contino para 49–53If s. 9 is engaged: each parent's table amount for the other's income is calculated, then set off (higher minus lower). Court then applies Contino factors: (a) increased costs of shared custody; (b) conditions, means, needs, circumstances of each spouse and child.
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Frequently Asked Questions
What is the 40% threshold?
Section 9 of the Federal Child Support Guidelines provides that where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of a year, the court has discretion to depart from the standard table amount under s. 3.
How is parenting time counted?
Courts focus on overnights as the primary measure, although hours of contact during the day can also be considered. The standard approach: count overnights per year and divide by 365. Some courts use the more sensitive "hours" measure where overnights don't fully reflect care responsibility.
What happens above 40%?
Once the 40% threshold is met, the court applies Contino v. Leonelli-Contino, 2005 SCC 63: (a) compute each parent's straight set-off table amount; (b) consider the increased costs of shared custody; (c) consider the conditions, means, needs and other circumstances of each spouse and child. The result is a discretionary range rather than a fixed amount.
What if it's very close to 40% (e.g., 39%)?
Courts generally treat the 40% threshold as a hard gate, but evidence-quality matters. If the calculation produces 39-41%, document overnights carefully — diaries, school pick-up records, calendar entries. Some courts have applied s. 9 below 40% where the access pattern was unique, but this is rare.
Does this affect the table amount even if I don't meet 40%?
No. Below 40% parenting time, FCSG s. 3 applies — the full table amount based on the payor's gross income, number of children, and province is presumptively payable. The s. 9 discretion only opens up at the 40% gateway.