What Type of Custody Costs the Most?

When parents separate in Quebec, one of the most practical questions is also one of the most misunderstood: which type of child custody costs the most?

There is no universal answer. Sole custody can result in a higher child support payment from one parent to the other, while shared custody can require both parents to maintain two fully functioning homes for the child. Daycare, school expenses, transportation, activities, medical expenses and differences in parental income can matter as much as the custody schedule itself.

Quebec’s child support model takes into account both parents’ incomes, the number of children, custody time and certain additional expenses. As a result, changing the custody arrangement can change child support, but it does not necessarily change the family’s total cost of raising the child in the way parents expect.

Key practical points

Parents comparing the cost of different custody arrangements should keep several principles in mind:

• Shared custody does not automatically mean that no child support is payable.
• Sole custody may produce a larger transfer of child support between parents, but that does not necessarily mean it is the most expensive arrangement overall.
• Shared custody can duplicate significant household expenses because both parents need to accommodate the child.
• A large difference in parental incomes can result in child support even where parenting time is divided equally.
• Daycare, post-secondary education and other qualifying expenses can substantially affect what each parent ultimately pays.
• The financial consequences of a custody arrangement should be calculated separately from the question of what arrangement is in the child’s best interests.

Most importantly, custody is not supposed to be selected according to which arrangement minimizes child support. Quebec does not give automatic preference to one custody model. Where parents cannot agree, the child’s interests govern the determination of custody.

What types of child custody are recognized in Quebec?

For child support purposes, the amount of time that the child spends with each parent is particularly important.

Generally, custody is considered sole custody when one parent has the child for more than 80% of the custody time. Where the other parent has more than 20% but less than 40% of the time, the arrangement remains sole custody but involves extended access.

Shared custody generally exists when each parent has the child between 40% and 60% of the custody time.

These distinctions have financial consequences because custody time is one of the elements used to calculate child support.

They should not, however, be confused with parental authority. A parent who does not have sole or shared custody does not simply cease to be a parent. Important decisions concerning matters such as the child’s education, health and residence may continue to involve both parents.

Is sole custody the most expensive type of custody?

It depends on whose costs are being considered.

Suppose a child lives primarily with Parent A, while Parent B exercises relatively limited parenting time. Parent A will normally incur most of the child’s recurring household expenses: housing, food, clothing, transportation and many everyday costs.

Parent B may therefore be required to pay child support to Parent A. The amount is not simply an estimate of what Parent B would have spent during additional custody days. Quebec’s child support calculation considers the parents’ respective incomes, the number of children, the custody arrangement and relevant additional expenses.

From Parent B’s perspective, sole custody may therefore appear more expensive because a significant support payment is being transferred every month.

But that does not mean Parent A is receiving a financial advantage. Parent A is also responsible for the child’s daily needs during most of the year. Child support is intended to contribute to those needs.

The amount transferred between parents and the actual economic cost of caring for a child are therefore two different questions.

Is shared custody cheaper?

Not necessarily.

Shared custody can reduce the child support transferred between parents in some circumstances because both parents are directly assuming a significant portion of the child’s day-to-day expenses.

However, shared custody often creates duplicated costs.

Both households may need:

• an appropriate bedroom or living space for the child;
• furniture and bedding;
• clothing and personal items;
• food and household supplies;
• transportation arrangements;
• computers, school materials or other equipment; and
• sufficient housing near the child’s school or activities.

Some of these expenses do not decrease simply because the child spends half the month elsewhere. A parent generally cannot rent half a bedroom, maintain half an Internet connection or own half the equipment required for the child.

Consequently, a 50/50 custody arrangement does not mean each parent simply pays 50% of what it would have cost to raise the child in one household.

In purely economic terms, maintaining two child-ready households can sometimes make shared custody more expensive for the family as a whole.

Does 50/50 custody mean there is no child support?

No.

This is one of the most common misunderstandings about child custody in Quebec.

Shared custody and equal custody time do not automatically cancel child support. The calculation also considers the parents’ respective incomes.

Quebec’s child support model is designed, in shared custody situations, to account for the contribution expected from each parent and the costs each parent directly assumes during their custody time. The result can therefore require one parent to pay support to the other even where custody is divided equally.

Example: equal custody but unequal incomes

Assume Emma and Daniel have one child and divide custody exactly 50/50.

Emma earns $55,000 annually. Daniel earns $150,000.

It would be incorrect to conclude that neither parent can owe child support simply because each has the child for the same number of days.

Their respective financial means remain relevant. Once the applicable calculation is completed, the higher-income parent may still be required to make a child support payment.

The actual amount would depend on the complete financial information and applicable expenses. The example illustrates why custody percentage alone cannot determine the financial result.

Can a 60/40 arrangement cost more than 50/50 custody?

It can, depending on the circumstances.

The distinction between shared and sole custody is particularly important around the 40% threshold. Shared custody generally applies when each parent assumes at least 40% of the custody time.

However, parents should not treat the threshold as a financial target.

The actual schedule matters, and the classification of custody can affect the support calculation. A relatively small change in the number of custody days may therefore have financial consequences.

This is one reason accurate custody calendars are important. The schedule should reflect the child’s actual living arrangements rather than a percentage chosen primarily to obtain a particular child support result.

What happens when one parent has between 20% and 40% of the custody time?

Quebec’s child support model also recognizes that substantial access creates costs for the parent who does not have primary custody.

Where that parent assumes more than 20% but less than 40% of the custody time, the calculation can take the extended parenting time into account. The adjustment reflects the fact that this parent is directly assuming more of the child’s costs than a parent exercising more limited access.

This creates an important practical distinction between a parent who sees a child occasionally and one who cares for the child for a substantial part of the year, even though neither situation constitutes shared custody.

Which expenses are already covered by child support?

Another frequent source of conflict is the assumption that every expense for a child must be divided separately in addition to child support.

Child support is intended to cover ordinary needs such as food, housing, clothing, transportation, communications, household expenses and ordinary recreational needs.

In shared custody, managing these ordinary expenses can become more complicated because some are incurred separately in each household while others benefit the child regardless of where the child happens to be.

For example, both parents buy groceries independently, but only one parent may purchase the child’s winter coat.

Parents can reduce disputes by clearly determining who will initially pay recurring common expenses and how reimbursement will work.

What expenses can significantly increase the cost of custody?

Certain expenses can materially change the financial picture.

Depending on the circumstances, these may include childcare expenses, post-secondary education costs and other expenses justified by the child’s particular needs and the parents’ circumstances.

Examples can include:

• daycare;
• private schooling in appropriate circumstances;
• orthodontic treatment;
• specialized health services;
• tutoring or specialized educational assistance; and
• certain significant extracurricular expenses.

The treatment of an expense depends on its nature and the circumstances. Parents should therefore avoid assuming that every extracurricular purchase automatically qualifies for additional sharing.

The Quebec child support framework distinguishes these expenses from ordinary expenses already contemplated by the basic parental contribution.

Daycare can change the calculation considerably

For younger children, childcare can be one of the family’s largest expenses.

The actual cost can vary substantially depending on whether the child attends subsidized or non-subsidized childcare and on the tax assistance available to the family. Quebec’s current system provides a reduced daily contribution for subsidized childcare, while non-subsidized providers establish their own rates. Tax measures can reduce the net cost of eligible non-subsidized childcare.

For child support purposes, looking only at the amount appearing on a daycare invoice can therefore give an incomplete picture. The relevant financial impact may depend on the net expense after applicable fiscal benefits.

Example: when shared custody creates more household expenses

Consider Sophie and Marc, who have two children.

Before separating, the family lives in one three-bedroom home. After separation, they agree to shared custody.

Sophie rents an apartment large enough for the children to have appropriate sleeping space. Marc does the same. Both homes now require beds, desks, food, Internet access and household supplies.

Their custody arrangement may affect the amount of child support payable between them. But even if the transfer of support becomes relatively modest, the family’s combined housing and household expenses may increase substantially.

The example demonstrates an important distinction: lower child support does not necessarily mean lower overall family costs.

Does the parent who earns more always pay?

Not automatically in every situation, but income is central to the calculation.

Quebec’s child support model considers the income of both parents rather than looking only at the income of the parent who may ultimately pay support.

Custody time then interacts with those financial resources.

Consequently, two families with identical custody schedules can have very different child support outcomes.

A 50/50 arrangement between parents earning similar incomes may produce a very different result from a 50/50 arrangement where one parent earns several times the income of the other.

This is why general statements such as “shared custody eliminates support” or “sole custody is always more expensive” are unreliable.

What if the parents disagree about the cost of activities?

Sports, camps, private lessons and other extracurricular activities are frequent sources of disagreement after separation.

The central questions can include:

• whether the expense is already part of the ordinary costs of raising the child;
• whether it constitutes an additional expense that should be shared;
• whether the expense is reasonable given the parents’ financial circumstances;
• whether both parents agreed to it; and
• whether it is appropriate in light of the child’s particular circumstances.

A parent should be cautious about committing to a substantial expense and simply assuming the other parent must reimburse a particular percentage afterward.

Clear advance communication is usually much less costly than litigating whether the expense should have been incurred.

Transportation can make one custody arrangement unexpectedly expensive

Transportation is easy to underestimate.

Shared custody may involve frequent exchanges between homes. Costs can become substantial where the parents live far apart or where school, daycare and extracurricular activities are concentrated near one parent’s residence.

The financial cost is only part of the issue. Long transportation times can also affect the practicality of a proposed custody schedule and, more importantly, the child’s routine.

A schedule that looks balanced on paper may be difficult to operate in practice.

Can parents choose custody based on which arrangement costs less?

Parents can consider the practical financial consequences of different schedules when trying to organize family life after separation.

However, financial optimization should not determine custody.

Where a court must decide the issue, Quebec law focuses on the child’s interests. There is no automatic preference for shared custody or sole custody. The analysis depends on the child’s needs and circumstances.

Parents should therefore separate two questions:

1. What custody arrangement appropriately responds to the child’s interests and practical needs?
2. What are the financial consequences of that arrangement?

Reversing those questions can turn custody negotiations into disputes over money rather than discussions about the child’s needs.

What happens if custody changes later?

Custody arrangements are not necessarily permanent.

Children grow. Work schedules change. Parents relocate. A teenager may spend increasingly different amounts of time in each household.

Because custody time is relevant to child support, a significant change in the child’s actual living arrangement can justify reconsidering the support calculation.

Similarly, significant changes in parental income or the child’s financial circumstances can affect support. Quebec provides mechanisms through which qualifying parents can seek adjustments to existing child support or agreed modifications to custody and support arrangements.

Parents should therefore keep accurate financial information and avoid allowing a long-term actual custody arrangement to become substantially different from the arrangement on which the existing support calculation was based without considering its consequences.

Practical checklist before comparing custody costs

Before concluding that one form of custody is more or less expensive, parents should identify:

• each parent’s annual income;
• the actual percentage of custody time;
• ordinary housing and household expenses;
• transportation and exchange costs;
• daycare costs after applicable fiscal assistance;
• school expenses;
• medical and dental expenses;
• extracurricular activities;
• other significant expenses specific to the child; and
• which parent will initially pay common expenses and how reimbursements will be handled.

It can also be useful to compare several scenarios using Quebec’s official child support calculation tools rather than estimating support based only on custody percentages.

There is no single type of child custody that is always the most expensive in Quebec.

Sole custody can result in a larger child support payment from one parent to the other because the custodial parent assumes most daily care. Shared custody may reduce that transfer in some situations, but it can also increase the family’s combined expenses by requiring two homes capable of meeting the child’s everyday needs.

Even 50/50 custody does not necessarily eliminate child support, particularly when the parents have substantially different incomes.

The most useful approach is therefore not to ask only, “Which custody arrangement costs the most?” Instead, parents should examine the child’s appropriate custody arrangement first and then calculate its actual financial consequences using parental income, custody time and the child’s real expenses.

This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.

Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].