The Supreme Court of Canada has ruled divorced parents will not always get to reduce support payments just because they spend more time with their children.
The 8-1 decision, announced Thursday, could have broad implications for divorced couples across the country who have had disputes over support payments.
At issue was a section in the Federal Child Support Guidelines that says a parent who doesn't have custody of their children, but who spends more than 40 per cent of the time with them over the course of a year, can get their child support payments altered.
The specific case that went before the Supreme Court involved Joseph Contino, his ex-wife Joanne Leonelli-Contino and their son Christopher. They had a joint custody agreement, and Mr. Contino originally agreed to pay child support of $500 a month.
But when Ms. Leonelli-Contino began taking a night course, Mr. Contino took care of his son more frequently. He applied for a reduction under the child support guidelines.
The lower courts gave a number of different ruling, reducing the payments, and then increasing them again. The Ontario Court of Appeal set the payments at $399.61 Now the Supreme Court has set the support payments for Mr. Contino back at $500 a month, and said that increased time spent with a child doesn't necessarily mean lower payments.
Each case must be dealt with individually, the Supreme Court said. There should be "emphasis on flexibility and fairness to ensure that the economic reality and particular circumstances of each family are properly accounted for," the ruling said.