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Robin and Michelle have shared custody of Ethan.

Note: You can get the child support guidelines

The parents have not been able to decide on an

tables by calling 1-888-373-2222. You need to say

amount of support, so Robin is asking the court to

where both parents live, and the number of children

decide. For shared custody, the child support

each parent has. You can also check the Internet at

guidelines tables will not apply automatically. The

court will look at:

the table amount for each parent

If the respondent lives outside Canada, use the

the increased costs of shared custody

'table amount' for New Brunswick.

arrangements, and

the finances and needs of the child, and of

If you and the respondent each have at least one

each parent.

child, split custody may apply to you. Other parts of

Form 9 may also apply, so keep reading, and make

As an applicant, you can ask to pay a support amount,

notes of things you need to do in the worksheet

and the court will decide whether it is reasonable, or if

section at the end of this ISO Guide.

another amount is fair.

* * *

4. Shared Custody

The child support guidelines are about what's normal

"Shared custody" has a special, legal meaning in the

and average for the costs of raising children. For most

child support guidelines. Before you decide whether

Canadians they do very well. The four sections in

it applies to you, it is important that you read this

Form 9 and this ISO Guide show you that an

section.

application to pay an amount that is different than the

guidelines covers other situations. Not all of them will

For there to be "shared custody" the person paying

apply to you. They certainly involve more work for

support must have the children in his/her care for at

you, the respondent, and the court. But if one or more

least 40 percent of the time over the year. This isn't

of these claims is right for you and your family, this is

all that common when parents live in different

the way to ask the court to look at the reasons your

'reciprocating jurisdictions', but here's an example

situation is different, and that the child support

of one case.

guidelines rules should not apply to you.

Example:

If you decide to make any of these claims, be sure to

Michelle and Robin have one child, Ethan. The

start with the Worksheet section below. Write down

parents live a few miles apart, but just across

any work you have to do, or documents you need to

their provincial borders. Michelle has regular

get. As you finish, check off the 'done' column, and

shift work, and Robin has a small farm. The

keep the information with your 'good' copy of Form 9.

parents worked out a plan that was good for

Ethan, and for them. Ethan spends 6 weeks each

Form 9 is part of your evidence. You will sign it as

summer at the farm and 2.5 days each week with

claimant/applicant in the blank provided at the bottom

Robin while Michelle works. Their calculations

of the form when you swear/affirm Form 1.

looked like this:

* 52 weeks minus 6 weeks in the summer = 46

Worksheet

weeks.

Document / To Do

Done

* 6 weeks x 7 days = 42 days.

* 46 non-summer weeks x 2.5 days each = 115

days.

* 42 days + 115 days = 157 days with Robin.

* 157 days divided by 365 days in the year = 43

% with Robin.

The content of this ISO Guide is for general information only – it is not legal advice. You may wish to talk to a lawyer for

assistance in making your application, or responding to one.

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Instructions For Form 9 - Request To Pay Child Support, Different Than The Child Support Guidelines Table Amount Page 3

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