New Brunswick child support and parenting time totals
In New Brunswick, the amount of child support is figured based on the nonresidential parent's income. Parenting time doesn't normally figure into the formula.
The court may deviate from its strict child support guidelines on a case-by-case basis when the nonresidential parent's visitation time is greater than 40 percent. Accurate parenting time numbers can directly affect your child support, whether you pay or receive. To instantly get an estimate of your support amount, plug your information into the calculator above.
Most parenting time totals are estimates (and thus incorrect)
New Brunswick lawyers and judges often rely on parenting time estimates, even if they are incorrect, because counting parenting time is tedious and time consuming. Divorcing parents often rely on these estimates as well.
Using estimates means your parenting time totals are wrong when compared to your actual parenting time schedule. Keep your parenting time fair and exact with accurate records.
How to calculate parenting time instead of relying on estimates
To calculate parenting time, the easiest and most accurate way is to use software. Without software, you're forced to count each hour for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year.
Bring calm to co‑parenting. Agree on a schedule and plan. Be prepared with everything documented.
"Custody X Change was a game changer for us. I cannot recommend it enough. Custody battles are frustrating enough. Do yourself a favor and get this app."
Using software, you can also tweak your schedule to see how even little changes affect your total time, and you can see how your parenting time percentages change each year due to holidays and other events.
You can also track what actually happens, and show how much parenting time you've actually received for any period of time. Historical information is a powerful tool when you request a child support modification or when you request more parenting time.
Fast facts on child custody and child support in New Brunswick
Canada's federal government oversees all child custody cases in the country, and many provinces adopt their own set of laws that are specific to its residents. The federal laws are collectively known as the Federal Child Support Guidelines. The goal is to give parents, judges and lawyers a standard in how to figure child support amounts.
New Brunswick provincial government adopted the federal guidelines via the Divorce Act in 1997 for divorcing parents. If parents are unmarried or are separating but not divorcing, their case would fall under the Family Services Act, adopted in New Brunswick in 1998.
The Family Services Act states in section 113(1) that “…every parent has an obligation, to the extent the parent is capable of doing so, to provide support, in accordance with need…for his or her child.”
The age of majority for children to be eligible for child support in New Brunswick is 19. Other provinces in Canada may have a different age of majority set.
Finally, just like most of the Canadian provinces and territories, New Brunswick does not give a parenting time credit when calculating child support amounts.
New Brunswick child support formula and parenting time totals
In New Brunswick, the child support formula is different for sole and shared physical custody. However, New Brunswick family courts do not give automatic parenting time credit that can reduce your child support amount.
The only way parenting time can influence the amount of child support you receive or pay is when the nonresidential parent can show the family court that visitations exceed 40 percent, or 146 overnights. The court may make modifications to your child support on a case-by-case basis.
Although New Brunswick courts can use a few different formulas to calculate the amount of child support payable for shared custody, it usually makes child support awards based on a net difference between both parents' incomes.
Why accurate parenting time totals are important in New Brunswick
Accurate parenting time percentages are important because New Brunswick law requires a different method for calculating sole and shared custody child support amounts. If you use estimates for overnights, you could be relying on the wrong child support formula to calculate child support.
If you can create a parenting plan that accurately presents the number of overnights, or parenting time percentage, you can ensure the calculations will be accurate.
New Brunswick guidelines allow for parenting time exceptions
While the majority of child support awards in New Brunswick follow the simple federal or provincial formula, it's possible for a judge to set a different amount that what the child support table reflects as appropriate.
The Family Services Act section 115 states:
115(1.2) Notwithstanding subsection (1.1), a court may award an amount that is different from the amount that would be determined in accordance with the regulations respecting orders for child support if the court is satisfied
(a)that special provisions in an order, a judgment or a written agreement respecting the financial obligations of the parents of a child, or the division or transfer of their property, directly or indirectly benefit a child, or that special provisions have otherwise been made for the benefit of a child, and
(b)that the amount determined in accordance with the regulations respecting orders for child support would be an amount that is inequitable given those special provisions.
In New Brunswick, this means that family court judges may consider modifications to child support orders when it can be shown that the noncustodial parent hosts the child at least 40 percent or more of the time.
Examples of sole custody and New Brunswick child support
Consider the hypothetical case of Robert and Mary. Robert's income is $4,000 per month, while Mary's income is $2,400 per month. They have two children.
See how the child support amounts change in these examples:
- Scenario #1: Robert is the nonresidential parent. According to the Newfoundland child support formula, Robert pays $693 in child support each month to Mary.
- Scenario #2: Mary is the nonresidential parent. Mary pays $418 in child support to Robert.
Examples of shared custody and New Brunswick child support
Consider the hypothetical case of Robert and Mary. Robert's income is $4,000 per month, while Mary's income is $2,400 per month. They have two children.
Here are some scenarios on how a New Brunswick family court might determine child support:
- Scenario #1: Total monthly child support is set as $693 for Robert and $418 for Mary. The net difference is $275, so this might be the amount that Robert pays each month in child support. This is because Robert is the higher earner.
- Scenario #2: Their total income per month is $6,400, with Robert earning 63 percent and Mary earning 37 percent. The guidelines suggest that Robert might pay 63 percent of the total child support. In this case, Robert pays 63 percent of $1,111, or $700 per month in child support.
- Scenario #3: The family court could determine that the amount of child support should be greater or less than either of the previous scenarios and generate a child support amount that fairly represents Robert and Mary's situation.
Other factors in the New Brunswick child support formula
New Brunswick's child support formula uses the following information to calculate your monthly amounts for shared custody child support:
- One or both parent's gross income.
- The number of children who are younger than 19 years old
- Certain deduction amounts, such as the cost of health insurance premiums for the children or the cost of child care.
- A pre-existing child support or alimony obligation by either parent
Parenting time does not figure into the child support formula in New Brunswick.
How accurate child support helps your children
Paying accurate child support helps your children in several ways, primarily because it ensures their financial needs are met.
Here are some other reasons why accurate parenting time percentages help you, the other parent and your children:
- It provides a fair way to determine your child support amounts
- It guarantees the child support amount reflects each parent's responsibilities
- It allows for modifications if your actual time and scheduled time are different
- It is compliant with New Brunswick law
Your financial obligations to your children don't end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount.
Top 5 things to remember about New Brunswick child support and parenting time
To ensure you are paying or receiving the right amount of child support in New Brunswick, remember these 5 things:
- The Family Services Act, adopted in New Brunswick in x, is responsible for the methods that New Brunswick family courts set up child custody and child support.
- New Brunswick child support guidelines contain child support tables, based on the nonresidential parent's income, reflect amounts based on what costs to raise a child, two children and so forth.
- New Brunswick figures sole custody child support amounts based on one parent's gross monthly income, minus some standard deductions.
- Shared custody means that the nonresidential parent hosts the children for 146 overnights or more annually. Fewer than 146 overnights leads to sole custody.
- New Brunswick family courts can make adjustments to a child support amount when there is good supporting evidence that the amount is too low or too high for the children's needs, according to section 115 of the Family Services Act.
Use the Custody X Change software to accurately calculate your total parenting time to present to a New Brunswick family court.
Bring calm to co‑parenting. Agree on a schedule and plan. Be prepared with everything documented.
"Custody X Change was a game changer for us. I cannot recommend it enough. Custody battles are frustrating enough. Do yourself a favor and get this app."