When a joint custody arrangement is in place and the 40% line has been crossed, is the joint parent required to contribute towards child care costs under s. 9 of the Child Support Guidelines?
British Columbia, Canada
The following excerpt is from Berry v. Hart, 2003 BCCA 659 (CanLII):
On the other hand, where a joint custody arrangement is in place and the 40 percent line is crossed, s. 9 recognizes that, to quote again from Green v. Green, "substantial access by one parent would generally result in increased expenses to him or her relevant to child care" (para. 18) and that in many instances, fairness requires that those increased expenses be recognized by a decrease in the support payable by that parent. Thus where a court makes an order under s. 9 of the Guidelines it is not "reimbursing" the applicant for a "contribution" to a fixed amount, nor restoring some gift of "charity" that should not have been made in the first place to the respondent for the children.
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