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Beaudoin 04-11-2008 06:32 PM

Time Sharing Calculation
Hi. I tried to search this forum for this question. I wasn't able to find it.

I'm wondering how is time sharing calculated. For example, in my situation, I'm having a dispute with my ex-wife about how much time that I have with my boy. I'm arguing that I have him almost 50% of the time, and she argues that I have him much less, because she argues that while he's in daycare or in school, he's still considered in "her care".

Is this true? Does this count as time with her? ... in her care? If that is true, then, I'd be hard pressed to argue against her.

We have join custody of my son.

whatnow 04-11-2008 06:42 PM

I would guess that if she drops the child off at school or daycare, and then she picks him up, then that would be considered her time, but I have to ask..... what is your child schedual? 1 week on, 1 week off? or a Fri, Sat, Sun on?

Beaudoin 04-11-2008 07:06 PM

Actually... I never see my ex, because when I have him over night, I drop him off or pick him up from daycare.

For example, I have him every other weekend starting from Friday at 4pm to Monday morning... I pick him up from daycare on Friday, and drop him off on Monday morning.

I have him every Tuesday over night, and I pick him up from daycare that day at 4pm, and drop him off the next morning on Wednesday.

I have him every Thursday night from 4pm to 7:30pm (and this is our dispute because I want him overnight that night). I believe that she's holding out on my on this night merely to keep the balance in her favour.

Anyway, when you calculate the number of hours, excluding daycare or school, I have him about 46% of the time. Add daycare in her favour, it flops my time to 34%.

Is this right? I'm taking care of him almost as much as she is.

whatnow 04-12-2008 08:03 AM

I did read on the Gov't website that for the purposes of Child Support, A parent can not limit or restrict visitation for the purposes of gaining Child Support.

WHat I don't understand is that you say you have "Joint Custody".... Child resides with one parent, both make decissions.

It sounds like you want to spend more time with your child, so "Shared Custody" may be more what you are looking for. Sharing the child approx 50% of the time. It may be a better option. Do you have a separation agreement?

whatnow 04-12-2008 08:24 AM

ps, although it would make a more complicated system, I think that Parents should be rewarded for taking a role as you have. It would appear that you are very close to the 40% minimum.....

Beaudoin 04-12-2008 09:54 AM

Thank you so much for your replies!! Can you point me to a link to that government web site?

Yes. We do have a separation agreement, but the specifics on child care is very limited. The agreement is 5 years old now, and the time sharing has changed significantly since that time, yet the agreement has yet to be updated.

What is important is that the agreement states that we will work toward an equal time sharing arrangement at a future date. Naturally, no date or timeframe was provided.

Yes. I certainly want to play an equal role in my child's development. I would hate to have our relationship compromised because of money. She has told me that I should give up my small apartment and get a single room so that I can pay the support. That would compromise the current status quo because I would not be permitted to have him overnights in a single room and shared accommodations.

Beaudoin 04-12-2008 10:00 AM

Oh... before I forget, does anyone know whether time at daycare and school is counted in favour of one parent or the other?

Sk8r 04-12-2008 01:21 PM

If your child were sick or injured at the daycare, which parent would they call first? If you woke up Wednesday morning and your child was too ill to go to daycare, would you return him/her to mom or would you take the day off work? Just because a child is in daycare doesn't mean neither parent is responsible for the child during that time. I think if you can answer these questions, you can see who is actually "parenting" during the daycare time.

If you reached the necessary 40% of the time, would you reduce your child support? Maybe if it's about money you could just assure her that you'll continue to contribute that you just want more time.

Beaudoin 04-12-2008 01:50 PM

Money is always an issue. Let's not kid ourselves here. I have two other children to support; she makes more money than I do, and she has a much better standard of living; Why on Earth should I jeopardize our current arrangement just because she wants more money? Considering that I am doing my share of the parenting, who's to say that she shouldn't pay me?

Regardless, these are all besides the fact. I need to know how the courts see this. That is what matters.

whatnow 04-12-2008 05:14 PM

I'll have to do some searching......

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