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Shared Custody and the 40% Rule

Under section 9 of the Guidelines, special rules apply when each parent has the children at least 40% of the time over a year. That is about 146 overnights.

How the amount is worked out

Courts usually start by calculating each parent's table amount and subtracting the smaller from the larger. This is called a set-off. They then consider the extra costs of keeping two homes and each household's means and needs. The final amount can be higher or lower than the simple set-off.

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General information only, not legal advice. For your situation, speak with a family lawyer or your province's family justice services.