So this a subject that I have been wrestling with more and more often these days. The difficult thing is trying to offer clients concrete advice about how much child support they can expect to pay when they are in a situation where they have at least 40% access with the child(ren).
The Supreme Court of Canada's case in Contino v. Leonelli‑Contino, [2005] 3 S.C.R. 217, 2005 SCC 63 sets the tone.
It can be found at:
http://www.canlii.org/en/ca/scc/doc/2005/2005scc63/2005scc63.html
The framework of s. 9 requires a two‑part determination: first, establishing that the 40 percent threshold has been met; and second, where it has been met, determining the appropriate amount of support. The specific language of s. 9 warrants emphasis on flexibility and fairness. The discretion bestowed on courts to determine the child support amount in shared custody arrangement calls for the acknowledgment of the overall situation of the parents (conditions and means) and the needs of the children. The weight of each factor under s. 9 will vary according to the particular facts of each case.
Well great so it seems that we are back to the whole contextual approach, meaning that it is up to the parties to try and work a deal otherwise who knows what will happen once in front of a judge.
Some judges go right for the Table amount, others do the set off between the parents, while others find some happy medium.
It seems that in the end you can not really tell a client anything certain, because let us be honest...no one can really know!
Happy negotiating...make sure you have that detailed budget in hand and don't back down :)
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