New Brunswick Canadian Parenting Time Calculator

The 40% threshold under Section 9 of the Federal Child Support Guidelines determines which child support calculation formula applies in New Brunswick. If each parent has the child at least 40% of the time—equivalent to 146 days or 3,504 hours annually—the set-off formula replaces the standard table amount. Below 40%, the non-primary parent pays the full guideline amount based on their income alone.

New Brunswick courts have discretion to count parenting time using days, overnights, or hours over a 12-month period. Some judges favor strict hourly calculations (requiring 3,504+ hours for 40%), while others use a functional approach counting whole days (requiring 146+ days). Time the child spends sleeping, at school, or in daycare generally counts toward the responsible parent's percentage.

An alternating weeks schedule produces exactly 50% parenting time for each parent—well above the 40% shared parenting threshold. This schedule has the child spend seven consecutive days with one parent, then seven days with the other. Courts often favor this arrangement for children age 10 and older because it reduces transitions while maintaining equal parenting involvement.

Yes, school hours generally count toward the parent who has care and responsibility during school attendance. Following the Mehling v Mehling precedent, courts credit sleeping time, school time, and daycare to the parent responsible for the child—not necessarily the parent physically present. This can significantly impact whether a schedule reaches the 40% threshold.

When parenting time falls near the 40% boundary, the counting methodology becomes critical. A schedule calculated at 38% using days might exceed 40% when counted by hours, or vice versa. New Brunswick courts have discretion in their approach, and parents in borderline situations should document actual time carefully. The difference can affect child support by hundreds of dollars monthly.

The set-off formula under Section 9 of the Federal Child Support Guidelines applies when both parents have at least 40% parenting time. Courts calculate each parent's notional table amount based on their income, then the higher-earning parent pays the difference to the lower earner. However, this is only a starting point—courts also consider increased costs of shared parenting and each household's financial circumstances.

Yes, parenting orders can be modified through New Brunswick's Family Division of the Court of King's Bench when circumstances change materially. Under the 2021 Divorce Act and New Brunswick's Family Law Act (SNB 2020, c 23), modifications must serve the child's best interests. Filing fees are $75 for parenting time applications or $110 if combined with divorce proceedings.

A 5-2-2-5 (also written 2-2-5-5) schedule rotates children between homes: two days with Parent A, two days with Parent B, then five days with each parent alternating. This produces approximately 50% parenting time for each parent, exceeding the 40% threshold. The schedule works well when parents live near each other and suits younger children who benefit from frequent contact with both homes.