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What is a Contino analysis, and when is it applicable or not?
03 months ago
Anne McVea - Reliance Legal Group LLP (Calgary) Verified Lawyer
A Contino analysis refers to the case Contino v Leonelli-Contino, 2005, SCC 63 where 2 separated parents shared parenting of the child. Typically, child support would be calculated as per s.9 of the Federal Child Support Guidelines but this case says not always and make a contextual analysis. This link is a good summary: https://casebrief.fandom.com/wiki/Contino_v_Leonelli-Contino Or you can go to CanLII (Canadian Legal Information Institute) and read the entire case. In Contino, in a shared parenting situation (ie. at least 60%-40% parenting time split), the Hon. Court awarded the mother more than the mere set-off amount of child support due to the financial circumstances of her household.
13 months ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
More specifically to what has been posted, the Contino case clarifies s.9 of the Federal Child Support Guidelines to say that in cases of shared parenting, child support is not a strict mathematical set-off, but rather requires a more detailed analysis of the financial means, needs, and circumstances of both parents and their respective households.
03 months ago
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