What is the test for meeting the 40 percent threshold under the Child Support Guidelines?

British Columbia, Canada


The following excerpt is from Jellis v. Jellis, 2016 BCSC 2270 (CanLII):

I am satisfied that the present custody regime that the parties have in place results in the claimant exceeding the 40 percent threshold. The fact that he rises early to go to work does not diminish the time that he has custody of the boys: see Berry v. Hart, 2003 BCCA 659 at para. 10.

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