Saskatchewan child support and parenting time totals
In Saskatchewan, the amount of child support is figured based on the nonresidential parent's income. Parenting time doesn't figure into the sole custody formula, but may impact child support amounts for shared custody.
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 percentages are estimates (and thus incorrect)
Saskatchewan 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 Saskatchewan
Canada's federal government oversees all child custody cases in the country in the form of child support guidelines. Canadian provinces follow the Federal Child Support guidelines, as well as its own provincial guidelines for custody and support. The circumstances of each case determine which guidelines regulate the custody and support.
Canada's Federal Child Support Guidelines include child support tables, which include calculations for determining the amount of support that a parent must contribute towards caring for his or her child. Federal guidelines apply to parents in Saskatchewan who are married, reside in the province and are seeking divorce.
When parents are in a different kind of relationship, such as a common law marriage, the Saskatchewan provincial guidelines, known as the Family Maintenance Act, regulate the case. The provincial laws protect children whose parents choose not to remain a couple and give them the same considerations for financial support as those from a formal marriage.
Child support must be paid as ordered by a Saskatchewan family court until the child reaches the age of majority, which in this province is 18 years old.
Saskatchewan does not automatically give a parenting time credit to nonresidential parents when calculating child support amounts.
Saskatchewan child support formula and parenting time percentages
In Saskatchewan, the child support formula is different for sole and shared physical custody. However, Saskatchewan 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 Saskatchewan courts have developed several 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 percentages are important in Saskatchewan
Accurate parenting time percentages are important because Saskatchewan 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 then accurately present the number of overnights to the court, you can ensure the calculations will be accurate.
Examples of sole custody and Saskatchewan 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 Saskatchewan child support formula, Robert pays $664 in child support each month to Mary.
- Scenario #2: Mary is the nonresidential parent. Mary pays $433 in child support to Robert.
Examples of the shared custody formula and Saskatchewan 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 Saskatchewan family court might determine child support:
- Scenario #1: Total monthly child support is set as $664 for Robert and $433 for Mary. The net difference is $231, 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 $1,097, or $691 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.
Saskatchewan guidelines allow for parenting time exceptions
Saskatchewan family courts can order a different amount for child support than what is calculated via the child support tables. As a general rule, the courts must adhere to the child support tables when determining payment amounts.
The conditions outlined in Section 3 of the Saskatchewan Family Maintenance Act does allow for judges to make adjustments to child support under certain circumstances.
Section 3(4) of the guidelines states:
(4) Notwithstanding subsection (3), the court may order maintenance for a child
in an amount that differs from the amount that would be in accordance with the
guidelines if the court is satisfied that:
(a) special provisions in an order, judgment or written agreement respecting
the financial obligations of the parents, or respecting 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) the application of the guidelines would result in an amount of maintenance
that is inequitable given those special provisions.
In Saskatchewan, this means that family court judges may consider modifications to child support orders to keep the payments fair and balanced while still ensuring that the child is financially cared for.
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 Saskatchewan 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 Saskatchewan child support and parenting time
To ensure you are paying or receiving the right amount of child support in Saskatchewan, remember these 5 things:
- The Family Maintenance Act of Saskatchewan 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.
- Federal guidelines apply to married parents seeking divorce in Saskatchewan. Provincial guidelines apply to parents with children outside formal marriage.
- Saskatchewan 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.
- Saskatchewan 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 3 of the Saskatchewan Family Maintenance Act.
Use the Custody X Change software to accurately calculate your total parenting time to present to a Saskatchewan family court.
Bring calm to co‑parenting. Agree on a schedule and plan. Be prepared with everything documented.