What is the test for s. 9 of the Child Support Guidelines?
British Columbia, Canada
The following excerpt is from S.B.C. v. F.A.C., 2013 BCSC 211 (CanLII):
I find on the evidence that F.A.C. has failed to prove on a balance of probabilities that she had B. three percent over the 60 percent mark. It is simply too close to call with the passage of time and without all the source information being available to check the claim made for each day or portion of a day. As the party who seeks to rely on s. 9 of the Child Support Guidelines [Guidelines] I do not find that she has met the legal burden upon her: Huntley v. Huntley, 2009 BCSC 1020. Therefore, I dismiss this claim.
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