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.
Try a preset:
Parent A
50.1%
183 of 365 days
Parent B
49.9%
182 of 365 days
FCSG s. 9 — 40% Threshold
Met — minority parent at 49.9%. Set-off + Contino apply.
Jan 2026
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Feb 2026
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Mar 2026
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Apr 2026
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May 2026
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Jun 2026
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Jul 2026
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Aug 2026
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Sep 2026
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Oct 2026
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Nov 2026
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What this schedule means for child support
The minority parent exercises 49.9% of parenting time — over the 40% threshold under section 9 of the Federal Child Support Guidelines. The court applies the Contino v. Leonelli-Contino, 2005 SCC 63 framework: each parent’s table amount is set off, then adjusted for the increased costs of shared parenting and the parties’ means and circumstances. The result is a discretionary range, not the full table amount.
Click a preset to paint a year. Click any day to cycle Parent A → Parent B → unassigned.
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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.