Family Law / Divorce Library

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CONTINO

Contino v Leonelli-Contino, 2005 SCC 63 was a Supreme Court of Canada decision that stated that in Shared Parenting arrangements, the net or set-off amount of Section 3 child support can be adjusted depending on the following factors:ol

  • The "table" amounts payable by each parent. A simple-set off of these amounts is an appropriate starting point, but is not a presumption.
  • The increased costs of shared parenting arrangements. Budgets should be exchanged. For example, if parents divide each evening, but one parent pays the majority of travel, meal, clothing, haircut, and entertainment expenses, the set-off amount might not be appropriate.
  • The condition, means, needs, and other circumstances of each spouse and of any child for whom support is sought. Do the children experience a difference in their standard of living as they move between the two households? Courts can also consider income that usually wouldn't be part of guideline income, as well as assets and debts (Perron v Hlushko, 2015 ABQB 595 at paras 59-62, 73).
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    Authors

    Content by Ken Proudman (Edmonton)

    Page last reviewed for out-of-date information on [under construction].

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