Newfoundland child support and parenting time totals
In Newfoundland, 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)
Newfoundland 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.
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 Newfoundland
Canada's federal government oversees all child custody cases in the country in the form of child support guidelines. These guidelines are a combination of rules and tables that help judges determine child support amounts.
There are federal child support guidelines and Newfoundland provincial guidelines, known as the Family Law Act. Both are law and apply to different situations.
In Newfoundland, divorcing parents are subject to the federal child support guidelines if they are legally married. The Newfoundland provincial guidelines for child support apply to parents who have never been married, or who are married but separated and not divorced.
The Family Law Act states in section 37(1) that “Every parent has an obligation, to the extent that the parent is capable of doing so, to provide support for his or her child.”
Throughout the provinces and territories of Canada, child support is paid until the child reaches the age of majority. This age differs depending on location, but in Newfoundland, the age of majority is 19 years old.
Finally, just like most of the Canadian provinces and territories, Newfoundland does not give a parenting time credit when calculating child support amounts.
Newfoundland child support formula and parenting time totals
In Newfoundland, the child support formula is different for sole and shared physical custody. However, Newfoundland 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 Newfoundland 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 Newfoundland
Accurate parenting time percentages are important because Newfoundland 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.
Examples of sole custody and Newfoundland 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 $712 in child support each month to Mary.
- Scenario #2: Mary is the nonresidential parent. Mary pays $414 in child support to Robert.
Examples of shared custody and Newfoundland 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 Newfoundland family court might determine child support:
- Scenario #1: Total monthly child support is set as $712 for Robert and $414 for Mary. The net difference is $298, 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 $1,126, or $709 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.
Newfoundland guidelines allow for parenting time exceptions
While the majority of child support awards in Newfoundland 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 Law Act section 37(5) states:
(5) Notwithstanding subsection (2), a court may make an order for support of a child in an amount that differs from the amount that would be in accordance with the child support guidelines if
(a) the parents of the child consent; and
(b) the court is satisfied that reasonable arrangements have been made for the support of the child.
In Newfoundland, 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.
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 Newfoundland 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 Newfoundland child support and parenting time
To ensure you are paying or receiving the right amount of child support in Newfoundland, remember these 5 things:
- The Family Law Act of Newfoundland contains tables and rules concerning child custody and child support. The federal child support guidelines also contain tables and rules about child custody and support.
- Couples who are married are regulated by the federal guidelines, while parents who never married or who are only separated fall under the provincial guidelines.
- Newfoundland 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.
- Newfoundland 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 37 of the Family Law Act.
Use the Custody X Change software to accurately calculate your total parenting time to present to a Newfoundland family court.
Bring calm to co‑parenting. Agree on a schedule and plan. Be prepared with everything documented.