Advocate Daily Post - Lawyers Weekly Article
Calculating the 40 per cent time threshold in child custody cases is an issue that’s been wrestled with by courts across Canada, Toronto family lawyer Audrey Shecter writes in Lawyers Weekly, noting the question of hours versus days is often raised.
Section 9 of the Child Support Guidelines is applied in situations where it can be shown that the children are in the payor’s physical custody for more than 40 per cent of the time, writes Shecter, partner with Basman Smith LLP. While the application of s. 9 is mandatory, the exercise of fixing the support payable is a discretionary one. It involves a two-part test: first, the 40 per cent time threshold needs to be met, and second, the appropriate amount of support is to be determined, based on the three factors set out in the legislation.