What is the test for determining whether a spouse is entitled to a spouse's income?
British Columbia, Canada
The following excerpt is from M.J.W. v. M.G.W., 2012 BCSC 768 (CanLII):
The task is to determine the spouse's available income. What he or she does with that income is not relevant. Chapman v. Summer, supra, at paragraph 17.
Furthermore, where a personal service corporation is involved such as a law corporation, determining Guideline income by the amount of fees collected serves to put a lawyer who uses a personal law corporation, for example, on the same footing as one who does not. Boulton v. Beirne, [2008] B.C.J. No. 832 at paragraph 17.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to a reduction in the amount of support they receive from the other spouse? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to a share of a spouse's property? (British Columbia, Canada)
What is the current state of the law on disclosure and determination of income of a spouse's income in the context of a self-employed individual? (British Columbia, Canada)
What is the test for income before a court to determine a spouse’s income? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to spousal support based on her history of employment income? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to a reduction in his retirement income as a result of the loss of a portion of his disability benefits? (British Columbia, Canada)
Can a court impute income to a spouse or former spouse under section 19 of the Income Tax Guidelines? (British Columbia, Canada)
What is the legal test used to determine whether a person is entitled to receive a lump sum of income from a disability benefits scheme? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
