Yes, you usually still pay child support with 50/50 parenting time in New Brunswick. Under section 9 of the Federal Child Support Guidelines, when each parent has the children at least 40% of the time, the higher-earning parent pays the other a set-off amount — the difference between each parent's table figure. Equal time rarely means zero support.
Child support with 50/50 custody in New Brunswick is governed by section 9 of the Federal Child Support Guidelines (SOR/97-175), adopted provincially through NB Reg 2021-19 effective March 1, 2021. The shared-parenting threshold is 40% of parenting time — equal to 146 days or 3,504 hours per year. Once that threshold is met, courts start with a set-off calculation but must also weigh the increased costs of two households and each parent's means under the Supreme Court of Canada's decision in Contino v. Leonelli-Contino, 2005 SCC 63.
Key Facts: Divorce and Child Support in New Brunswick
| Fact | Detail |
|---|---|
| Divorce filing fee | $110 total ($100 petition + $10 Clearance Certificate); as of June 2026 — verify with the Court of King's Bench |
| Waiting period | No separate waiting period; 1-year separation is the most common ground; the divorce takes effect 31 days after judgment |
| Residency requirement | One spouse must have ordinarily resided in New Brunswick for 12 months before filing — Divorce Act § 3(1) |
| Grounds for divorce | One-year separation, adultery, or cruelty — Divorce Act § 8(2) |
| Property division type | Equal division of marital property under the Marital Property Act, R.S.N.B. 2012 |
| Shared-parenting threshold | 40% of parenting time (146 days/year) — Federal Child Support Guidelines § 9 |
| Child support minimum income | $16,000/year (raised from $13,000 on October 1, 2025) |
Do You Still Pay Child Support With 50/50 Custody in New Brunswick?
Yes, the higher-earning parent usually still pays child support with 50/50 parenting time in New Brunswick. Under Federal Child Support Guidelines § 9, equal parenting time triggers a set-off: each parent's table amount is calculated, and the parent owing more pays the difference. A parent earning $80,000 and a parent earning $50,000 with two children will not net to zero.
The persistent myth that 50/50 parenting time eliminates child support is wrong in New Brunswick. The Supreme Court of Canada in Contino v. Leonelli-Contino, 2005 SCC 63, expressly rejected any automatic rule that shared parenting cancels support. The reason is straightforward: child support exists to protect the child's standard of living in both homes. If one parent earns substantially more, the child would experience a markedly lower standard of living during time with the lower-earning parent unless support flows. The 40% threshold under section 9 merely opens the door to a discretionary calculation; it never guarantees that the result will be zero. In practice, the larger the income gap between the two parents, the larger the support payment, even when parenting time is split exactly down the middle at 50/50.
How the 40% Parenting Time Threshold Works
Shared parenting in New Brunswick legally begins at 40% of parenting time, equal to 146 days or 3,504 hours over a year, under Federal Child Support Guidelines § 9. Below 40%, the parent with the majority of parenting time receives the full table amount. At or above 40% for each parent, the section 9 shared-parenting framework applies and the set-off calculation begins.
Counting the 40% threshold is one of the most contested issues in New Brunswick shared-custody cases. Courts measure the amount of time the children are in each parent's care and control, not the amount of time a parent is physically present. This distinction matters enormously. Time a child spends sleeping, at school, or in daycare is generally credited to whichever parent has care and control during that period. A parent who has the children overnight on weekdays may therefore accumulate more qualifying hours than a raw count of waking-hours-together would suggest. Because crossing from 39% to 40% changes the entire legal framework — from a fixed table amount to a discretionary section 9 analysis — disputes near the boundary are common and frequently litigated. Keep a detailed parenting-time log to support any threshold claim.
How Child Support Is Calculated With Shared Custody
In shared custody, New Brunswick courts calculate child support using a three-step process under Federal Child Support Guidelines § 9: first the set-off of each parent's table amount, then the increased costs of two households, then each parent's conditions, means, and needs. The set-off is only the starting point — never the automatic answer under Contino, 2005 SCC 63.
The three statutory factors a New Brunswick judge must weigh are:
- Section 9(a) — the table amounts owed by each parent. The court calculates what each parent would pay the other under the Federal Child Support Tables, then subtracts the smaller from the larger. This set-off is the objective starting figure.
- Section 9(b) — the increased costs of shared parenting. Maintaining two homes equipped for the children costs more than one. The court considers duplicated expenses such as bedrooms, clothing, and supplies in each household, recognizing that not every dollar one parent spends is a dollar the other saves.
- Section 9(c) — the conditions, means, needs, and other circumstances of each parent and child. This factor gives judges broad discretion to adjust the set-off to avoid a significant gap in the child's standard of living between the two homes.
The weight given to each factor varies with the facts of each case, and the simple set-off is most useful where incomes are similar and financial information is limited.
Worked Example: Set-Off Calculation in New Brunswick
For two children where one parent earns $70,000 and the other earns $45,000, the New Brunswick set-off produces a monthly payment of roughly $385 from the higher earner to the lower earner. The higher earner's table amount (about $1,015/month) minus the lower earner's table amount (about $675/month) leaves the difference payable under Federal Child Support Guidelines § 9.
The table below illustrates how the set-off works in equal-time arrangements at different income levels. These figures use the 2025 Federal Child Support Tables for New Brunswick, effective October 1, 2025, and are approximate; always confirm exact amounts with the official Department of Justice look-up tool.
| Parent A income | Parent B income | Children | Approx. A table amount | Approx. B table amount | Set-off payable by A |
|---|---|---|---|---|---|
| $60,000 | $60,000 | 1 | $547 | $547 | $0 |
| $70,000 | $45,000 | 2 | $1,015 | $675 | $340 |
| $90,000 | $50,000 | 2 | $1,272 | $742 | $530 |
| $100,000 | $40,000 | 3 | $1,914 | $843 | $1,071 |
When incomes are identical, as in the first row, the set-off is zero and neither parent pays the other. As the income gap widens, the set-off grows. Remember that the set-off is only step one: a New Brunswick judge may adjust these figures upward or downward under sections 9(b) and 9(c).
The Contino Analysis: Why Set-Off Is Only the Starting Point
The Contino analysis requires New Brunswick courts to look beyond the set-off into each household's actual finances and child-related expenses under Federal Child Support Guidelines § 9. The Supreme Court of Canada in Contino v. Leonelli-Contino, 2005 SCC 63, held by an 8-1 majority that no automatic formula governs shared parenting — fairness and flexibility do.
Contino rejected the prorated set-off formulas that some provinces had used and replaced them with a fact-driven inquiry. A New Brunswick court conducting a Contino analysis examines the budgets, financial statements, and child-related spending of both parents, then asks whether the set-off result fairly reflects the real cost of raising the children across two homes. Crucially, the Court warned judges not to rely on "common sense" assumptions about parental spending; instead, they should demand proper financial evidence and request more if the record is deficient. This is why a robust evidentiary record — sworn financial statements, detailed budgets, and documentation of section 7 special or extraordinary expenses — is essential. The New Brunswick Court of Appeal reaffirmed this high evidentiary standard in ASL v. LSL, 2020 NBCA 15, confirming that the set-off is the first step of the inquiry, not the last.
Section 7 Special and Extraordinary Expenses in Shared Custody
In New Brunswick shared-custody arrangements, section 7 special and extraordinary expenses are shared in proportion to each parent's income, on top of the base set-off under Federal Child Support Guidelines § 7. A parent earning 60% of the combined income pays 60% of qualifying childcare, medical, and post-secondary costs, regardless of the 50/50 parenting split.
Section 7 expenses are extra costs not covered by the table amount. In a 50/50 arrangement, these are typically divided by income share rather than by parenting time. Qualifying expenses include:
- Childcare costs needed for a parent to work, study, or due to illness
- Medical and dental premiums and uninsured health expenses above a threshold
- Extraordinary educational expenses, including tutoring and private school
- Post-secondary education costs for adult children still dependent
- Extraordinary expenses for extracurricular activities
For example, if combined daycare costs $12,000 per year and one parent earns 65% of the household income, that parent contributes roughly $7,800 annually toward daycare, while the other contributes $4,200. These amounts are added to or netted against the base set-off. Parents should agree in writing on how section 7 expenses are documented and reimbursed to avoid disputes, and the court expects receipts and proof of the actual cost.
Filing for Divorce and Child Support in New Brunswick
Filing for divorce in New Brunswick costs $110 total and requires that one spouse has lived in the province for 12 months under Divorce Act § 3(1). You file a Petition for Divorce (Form 72A) or Joint Petition (Form 72B) with the Registrar of the Court of King's Bench, Family Division, in the judicial district where you, your spouse, or your children reside.
The $110 fee breaks down as $100 for the petition plus $10 for the mandatory Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, payable to the Minister of Finance for the Province of New Brunswick under Rule 72.24 of the Rules of Court. As of June 2026, verify these amounts with your local Court of King's Bench, as fees can change. After the divorce judgment takes effect, you may apply for a Certificate of Divorce (Form 72O) for an additional $7. Fee waivers are available under Rule 72.24(2) for individuals receiving assistance under the Family Income Security Act or whose legal services come through domestic Legal Aid, and the Registrar has discretion to waive fees where paying would impose financial hardship. Child support can be addressed within the divorce petition or through a separate application under the provincial Family Services Act if the parents were never married.
Recent 2024-2026 Child Support Law Changes
The most significant recent change took effect October 1, 2025, when the updated Federal Child Support Tables came into force and the minimum income attracting a support obligation rose from $13,000 to $16,000 under Federal Child Support Guidelines § 9. The new tables reflect 2023 tax rules, replacing the 2017 tax rules previously used.
These changes matter for New Brunswick families negotiating or recalculating support. First, parents earning between $13,000 and $15,999 per year may no longer owe a table amount, removing a small group of low-income payors from the obligation. Second, the table amounts themselves shifted at various income levels because they now reflect updated federal and provincial tax brackets. Use the 2025 tables to determine support owed from October 1, 2025 onward, but use the 2017 tables for any period between November 22, 2017 and September 30, 2025. Importantly, the new tables do not automatically apply to a child support order made before October 1, 2025 — a parent must apply to vary the order for the new figures to take effect. The 2021 Divorce Act amendments also continue to emphasize the best interests of the child as the paramount consideration in all parenting and support decisions.
What Happens When Parenting Time Is Not Exactly 50/50
When parenting time falls below 40% for one parent in New Brunswick, the full table amount applies rather than the section 9 set-off, under Federal Child Support Guidelines § 3. The parent with less than 40% pays the standard table figure based on income, with no offset for the other parent's earnings.
The difference between 39% and 40% parenting time is legally dramatic in New Brunswick. At 39%, the framework is section 3 — the payor parent pays the full table amount with virtually no judicial discretion to reduce it. At 40%, the framework switches to section 9, opening the door to the set-off and the discretionary Contino analysis. This cliff effect explains why parenting-time percentages are so heavily contested in shared-custody disputes. A parent just over the threshold may pay substantially less than a parent just under it, even when the actual difference in time with the children is only a few days per year. Because courts count care and control rather than physical presence, the precise calculation of days requires careful record-keeping. If your arrangement hovers near the 40% line, document overnights, school pickups, and holiday time meticulously, and seek legal advice before agreeing to any parenting schedule that could affect your support obligation.