What is the impact of a spouse’s lack of complete disclosure of income earning capacity on the calculation of child support?
Alberta, Canada
The following excerpt is from Kinasewich v. Kinasewich, 2000 ABQB 140 (CanLII):
A parent’s responsibility to support a child is based not only on what a parent earns but on what a parent is capable of earning. Complete disclosure is required to properly assess income earning capacity. Children should not bear the brunt of temporary changes in the financial circumstances of the parents. In Lucia v. Martin, [1998] B.C.J. No. 1798, the court observed: (at para 9) One of the purposes of the guidelines was to require the paying spouse whose income fluctuates greatly to be responsible for budgeting so that it is that person who must smooth out the peaks and valley, not the person in need of support.
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