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  • How to determine custody percentage

    I am trying to determine what calculations are involved in coming up with the numbers that show how much time children spent with each parent. Do you consider the total amount of hours that exist in a week and then calculate the percentage based on how long the children are in the custody of each parent?

  • #2
    I had this exact issue back in 2004 before I had full custody of the kids. From my research, it appears that an accumulation of hours won't count. In one case from CANLII, the judge criticized a father for determining a 40% custody by "counting every snippet of time." For my case, I did not count a day as an accumulation of 24 hours, but a day and a night = one day. Furthermore, be careful as just because you reach the 40% threshold, support could, and will likely still be payable.

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    • #3
      I count the nights as full days as well. I have a calendar in excel and I mark down all the days she sleeps at my place. And, I figure that everything else washes away. Sometimes I have her for a few days on my off days, but sometimes I'll drop her off early on my days.

      The worse scenario I've seen was where a judge counted in half days.

      Also, there is several judgement that states that the 40% line is a hard threshold. You either have it, or you don;t. In the law, it's very clear that 40% is the minimum, however, it is not stated at any place how to count the time. One father had 39.5% I believe, and he lost his case.

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      • #4
        Well for me what is happening is that I am still holding the primary residence for the kids as I am still living in the martial home. The kids are going to school from my house. I prepare their breakfast, school lunch, get them ready, and drop them off at the school before heading off to work myself. My nanny picks them up from school and stays with them till I get home from work and then on the evenings that the kids go off with her she will come by after I am home to pick up the kids.

        My Ex has moved quite a distance away in the city we live in and because of her work hours I pick the kids up from her on mornings after they are with her and bring them back to my residence and go through the routine of getting the kids ready for school.

        So if what is being said here is correct then I should be calculating that I have custody for 4 days every week which would give me 57% custody. It kinda seems unfair as I see them and they are with me everyday of the week. But as I find out more and more about the family court system that at the best of times nothing makes sense.

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        • #5
          I forgot that I should have mentioned that this new arrangement is only less than a month old. Before that she would only see the children at my house and I would be present when she was there.

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          • #6
            It sounds like you have joint custody. The fact that YOU are preparing the lunches, getting them ready for school and caring for them every afternoon/evening counts. In your case counting by where they sleep at night does not make sense. It is the amount of parenting you do that should count.

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            • #7
              Originally posted by NewLife View Post
              I am trying to determine what calculations are involved in coming up with the numbers that show how much time children spent with each parent. Do you consider the total amount of hours that exist in a week and then calculate the percentage based on how long the children are in the custody of each parent?
              I am also looking for how this is calculated. I have a mon/Tues and the weekend one week and Wed/Thurs the next so equal nights every two weeks, BUT, I work 5 12 hour shifts a pay and have the kids all except the 4-5 working days (mon-Fri) every tow weeks to reduce daycare costs as since we have no Legal order, I am still paying in full. So basically out of 20 working days in a month, I have the girls dropped off at 730am and drive the older 2 to school and keep the 2 yr old till 530 when he picks them up,all but 12 days out of 20 plus my overbights as well as my weekedns (every other) What would my percentage be and how was this calculated???

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              • #8
                Whether it's working days or weekends is irrelevant.

                I'm having a difficult time understanding your post. From what I understand your schedule is:

                Week 1: Monday, Tuesday, Friday, Saturday, Sunday
                Week 2: Wednesday, Thursday

                And then I think you are saying the children stay with you during the day when their father is at work and you're not. I'm not sure how that time gets calculated. The alternative would be that the children are in daycare on his days and they would still count as his days even though the children are not with him during those hours, they wouldn't be with you either.

                Hmmm.

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                • #9
                  Even when I pay full daycare??? Any idea how this calculation is done?? I know my schedule is confusing but yes you read it right.

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                  • #10
                    You're paying yourself for taking care of your own kids?

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                    • #11
                      No! Lol. I mean that i pay for any dacare that the children attend regardless of whos day it falls on... As per the sepaRation agreement in which I am challenging as it was signed out of court and with the desired outcome of just getting out.

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                      • #12
                        Lol. No!!! I pay for any daycare they do attend no matter who's day it is. So, I pay for 4-5 days daycare every two weeks and I have them all other days minus the weekend that is his where they are with him from Friday at 5:00pm till monday am at 7:30am.

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                        • #13
                          Is your ex also paying his proportionate share of daycare expenses, notwithstanding it being his parenting days (meaning the days you have work during the day and is also your parenting time)? He should be as child care is a section 7 expense which should be divided between each parent proportionate to income.

                          So his day, your day it doesn't matter. The fact that child care is a section 7 expense overrides all.

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                          • #14
                            No, as of now he pays $100.00 a month towards the daycare bill and makes twice what I do. Also, I work my schedule so that I work when they are with him.... so when I have them I am off. What is Section 7 and where can I get info on what section 7 includes. The daycare bill per month is aprox $500.00 so how is this calculated?? I claimed $32000 last year and I am ball-parking his income as about $65000 at minimum. (based on his hourly wage at time of separation and not factoring a raise or OT which I know for a fact he worked) We get a stellar deal with our daycare... but I am paying $400 vs his $100.00!! And she always recieves his late so I pay it to save face.

                            Comment


                            • #15
                              Originally posted by baclayton View Post
                              What is Section 7 and where can I get info on what section 7 includes.
                              Here is what the Act says. It S7 includes expenses that are over and above what child support was supposed to cover. Things like:

                              daycare
                              extra-curricular of the child (ie. hockey, dance classes, gymnastics, baseball)
                              expensive school activities
                              healthcare matters (dental work, perscriptions etc.)

                              There is some caviet to whether or not the expense would be deemed a section 7 expense, and that is the cost of the expense related to the incomes of each parent. When you only making min-wage a $50 expense could be deemed extra-ordinary. But if you are making $150k, a $200 expense may seem like a normal cost of raising the child. So it will vary and not all instances may be deemed s7. Personally, with my ex, we don't bother each other with any bills under $100. I paid swimming for $85, she paid a summer camp for about $100 (maybe just over). We both pay for gymnastics (split proportionally) and we both pay for D's dance (50/50, although, it should be proportional...but she makes more then me and would put up a stink and it isn't worth it for what amounts to like $30-$40 - $65k vs $55k).


                              Special or extraordinary expenses
                              7. (1) In a child support order the court may, on either spouse's request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child's best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family's spending pattern prior to the separation:
                              (a) child care expenses incurred as a result of the custodial parent's employment, illness, disability or education or training for employment;
                              (b) that portion of the medical and dental insurance premiums attributable to the child;
                              (c) health related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
                              (d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child's particular needs;
                              (e) expenses for post-secondary education; and
                              (f) extraordinary expenses for extracurricular activities.
                              SOR/00-337, s. 1(1), (2), (3)
                              SOR/00-337, s. 1

                              Sharing of expense
                              (2) The guiding principle in determining the amount of an expense referred to in subsection (1) is that the expense is shared by the spouses in proportion to their respective incomes after deducting from the expense, the contribution, if any, from the child.
                              Subsidies, tax deductions, etc.
                              (3) In determining the amount of an expense referred to in subsection (1), the court must take into account any subsidies, benefits or income tax deductions or credits relating to the expense, and any eligibility to claim a subsidy, benefit or income tax deduction or credit relating to the expense.
                              Split custody
                              8. Where each spouse has custody of one or more children, the amount of a child support order is the difference between the amount that each spouse would otherwise pay if a child support order were sought against each of the spouses.
                              Shared custody
                              9. Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year, the amount of the child support order must be determined by taking into account
                              (a) the amounts set out in the applicable tables for each of the spouses;
                              (b) the increased costs of shared custody arrangements; and
                              (c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.

                              Comment

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