What is the test for determining whether a payor’s income is income derived from dividends?
British Columbia, Canada
The following excerpt is from Fitchett v. Mellin, 2017 BCPC 208 (CanLII):
Section 19(1)(h) of the Child Support Guidelines provides that in cases where the payor derives a “significant portion of his income from dividends” the court is required to enter into a specific form of inquiry to determine his “real” income for child support purposes. That process was discussed at some length in the case of Megson v. Megson, 2014 BCSC 2467. It is not an easy exercise and the Respondent offers me no guidance on how I should even begin the process.
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