The short answer is yes but support where parents have shared care and control is more complicated than looking at the tables.

The ultimate goal of child support in a shared care and control arrangement is to ensure children transition between homes with similar standards of living.

Sometimes to ensure there are similar standards of living no support is payable, sometimes the full table amount is payable and sometimes it is somewhere in between.

Once parents share care and control the amount of support to be paid is up to the discretion of the judge and is subject to what is called a “section 9” analysis. A “section 9” analysis has three stages which are all meant to be considered to determine the correct child support to be paid.

The first stage considers “the amounts set out in the applicable tables for each of the spouses”. The difference between the table amounts owing by each parent is paid by the higher income earner. This amount of child support is called the “set-off” amount and is often where the analysis stops.

The “set-off” amount sometimes results in an amount of support that isn’t fair in the circumstances moving the analysis to the second stage.

The second stage, where the court considers the increased costs of shared custody arrangements is particularly important when parties are moving from a primary care and control arrangement to shared. Shared care and control arrangements are the most expensive parenting arrangements because everything must be duplicated.

In the third stage the court considers the conditions, means, needs and other circumstances of each parent and of any child for whom support is sought. It is at this stage that the court takes into account budgets, assets and debts. This stage gives the court the best opportunity to ensure that children have similar standards of living in both homes.

One example of a section 9 analysis is given in this 2016 Manitoba Court of Queen’s Bench decision. This situation required the Judge to perform the full analysis in order for her to determine the appropriate support. Representing the Respondent in this trial we successfully advocated that no child support be payable by the higher income parent.

Categoryfamily law