When will the court apply the set-off method for child support?

Counsel for the claimant conceded that the court had the discretion to apply the set-off method, but suggested that the court should consider using the method adopted by Mr. Justice Shabbits in Phipps v. Phipps 2010 BCSC 1738. In that case, the father had the care of the parties’ daughter for more than 40% of the time. There had been a considerable increase in the father’s income since the previous child support order. The mother argued that the father should continue to pay child support in the table amount, in accordance with his guideline income, without any deduction based on a consideration of the factors in s.9 of the Federal Child Support Guidelines. That approach was rejected by Mr. Justice Shabbits, in the sense that the factors in s.9 had to be considered on the issue, whenever a parent exercised access to a child for 40% or more of the time over the course of a year.