How to Calculate the 40% Parenting Time Threshold in New Brunswick Without a Lawyer

If you need to figure out whether your proposed parenting schedule crosses the 40% shared-parenting threshold in New Brunswick, you can do it without a lawyer. The calculation itself is straightforward: count the overnights (or hours) each parent has over a full year, then check whether the parent with less time has at least 40% of the total. Where parents get into trouble is not in the math — it's in knowing which hours count, what happens at the boundary, and how much the result changes child support.

Here's the method, why it matters, and what to do with the result.

Why the 40% Line Changes Everything

Under Section 9 of the Federal Child Support Guidelines, child support is calculated differently depending on whether parents have "shared parenting time" — defined as each parent exercising at least 40% of the time over a year.

Below 40% (sole/primary arrangement): Child support is based on the table amount from the paying parent's income alone. One income, one calculation.

At or above 40% (shared parenting): Child support uses the "set-off method" — both parents' incomes are considered, both table amounts are calculated, and the difference is the starting point. The court also factors in increased costs of maintaining two primary homes.

The financial difference can be hundreds of dollars per month. In Meier v. Meier, a New Brunswick father who was documented as having 3,494 hours of parenting time — just 10 hours short of the 3,504-hour threshold for 40% — was denied shared parenting status. The support calculation used only his income, not both.

Step-by-Step Calculation Method

Method 1: Count Overnights

The simplest approach. A year has 365 nights. For shared parenting, the parent with less time needs at least 146 overnights (40% of 365).

1. Write out your proposed weekly schedule (e.g., alternating weekends, 5-2, 2-2-5-5, week-on/week-off)
2. Count the overnights each parent has per two-week cycle
3. Multiply by 26 (cycles per year)
4. Add holiday and vacation overnights that deviate from the regular schedule
5. Calculate: (Parent B overnights ÷ 365) × 100 = percentage

Method 2: Count Hours

Some courts and lawyers prefer an hourly calculation, especially when a schedule involves significant daytime-only parenting time without overnights. A year has 8,760 hours. The 40% threshold is 3,504 hours.

1. For each day in a two-week cycle, count the hours each parent has the child (including sleeping hours during overnights)
2. Multiply by 26
3. Add holiday and vacation hours
4. Calculate: (Parent B hours ÷ 8,760) × 100 = percentage

Hours matter when a parent has the child for long daytime blocks but not overnights — such as after-school care through dinner five days a week. Those hours can push a schedule closer to (or past) the threshold even when the overnight count looks lopsided.

What Counts as Parenting Time

• Overnights at your residence
• Daytime hours when the child is in your care (including during school hours if you're the designated parent for school-related contact)
• Time during holidays, spring break, and summer vacation
• Travel time when you're transporting the child

What Doesn't Count

• Time the child is at school or daycare (unless you're the designated contact parent — but this is often contested)
• Time spent at extracurricular activities where neither parent is actively supervising
• FaceTime or phone calls — virtual contact isn't parenting time for threshold purposes

Common Mistakes That Land Parents Below 40%

Forgetting holiday redistribution. Your regular weekly schedule might calculate to exactly 40%, but if holidays consistently go to one parent (Christmas with Mom every year, March Break with Dad every year), the annual total shifts. Build holiday rotations into the calculation.

Assuming alternating weekends plus a midweek dinner gets you there. It usually doesn't. Friday evening through Sunday evening every other weekend plus a Wednesday dinner (no overnight) typically lands around 30-35%. You need either midweek overnights or extended weekends to cross 40%.

Not accounting for summer vacation blocks. If one parent takes four weeks of summer vacation with the child and the other takes two, that's 14 additional overnights that shift the annual percentage.

Rounding instead of counting. The 40% threshold is applied precisely. Courts have denied shared parenting status over differences of single-digit hours. Count every overnight and every hour — don't estimate.

What to Do With Your Calculation

Once you know where your schedule lands:

If you're clearly above 40% (e.g., alternating weeks, 2-2-5-5): Document it. Include the calculation in your parenting plan. Both parents' incomes will be relevant for child support.

If you're clearly below 40% (e.g., alternating weekends only): Understand that child support will be based on the table amount from the payor's income. If you want to move toward shared parenting, you'll need to propose a schedule that actually crosses the threshold — not just gets close to it.

If you're near the boundary (35-42%): This is where you need precision. Map out every overnight and every hour for a full 52-week year, including all holidays and vacation periods. Consider using a structured worksheet that tracks the calculation week by week rather than estimating from a two-week cycle.

The New Brunswick Child Custody & Parenting Plan Guide includes a parenting time calculator worksheet designed specifically for this — it maps your proposed schedule to annual overnights and hours and checks the result against the 40% threshold. It also covers how the set-off formula works if you're above the line, and how Section 7 extraordinary expenses (childcare, medical, extracurriculars) are split on top of the base amount.

How Child Support Changes at the Threshold

The set-off method doesn't automatically mean lower support. If one parent earns significantly more than the other, the set-off amount can still be substantial. But the calculation considers both incomes rather than treating one parent as a pure payor.

Who This Is For

• Parents negotiating a parenting schedule who need to understand the financial implications of their proposed time split
• Self-represented filers calculating child support before filing Form 81A or Form 72A
• Parents heading into mediation who want to arrive knowing exactly where their schedule sits relative to the threshold
• Anyone with an existing order who's considering a schedule change and needs to understand how it affects support

Who This Is NOT For

• Parents where safety concerns make schedule negotiation inappropriate — consult a lawyer
• Parents who have already agreed on child support and aren't disputing the calculation
• High-income situations where Section 10 undue hardship claims or Section 4 income over $150,000 adjustments apply — these need professional advice

Frequently Asked Questions

Is the 40% threshold based on overnights or hours?

Courts accept either method, but hours can matter when a parent has significant daytime parenting without overnights. If your schedule is close to the boundary, calculate both ways and use whichever gives a more complete picture of actual parenting time.

Can I calculate this myself or do I need a lawyer?

You can calculate it yourself. The math is straightforward — count overnights or hours per year and divide by 365 (or 8,760). Where parents get into trouble is at the margins, where a few hours either way changes the outcome. A structured worksheet helps you track the calculation without missing days.

What happens if we're exactly at 40%?

Technically, 40% qualifies as shared parenting time. But "exactly at 40%" leaves no buffer. If the other parent disputes your count — arguing that certain hours or overnights shouldn't count — you could fall below. Building in a small margin (aiming for 42-43%) gives you protection against reclassification.

Do courts always follow the 40% threshold strictly?

Yes. Under Section 9 of the Federal Child Support Guidelines, shared parenting is defined as "not less than 40 per cent of the time." Courts have consistently applied this as a bright-line rule. The Meier case demonstrates that being even slightly below the threshold means the set-off method doesn't apply.

Can we agree to shared parenting support even if we're below 40%?

Parents can agree to any child support amount in a separation agreement — but if the matter goes to court or either parent later disputes it, the court will apply the Guidelines calculation. Agreeing to shared-parenting support when your actual schedule is below 40% creates a risk that the agreement won't survive judicial scrutiny.

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