Is a severance payment included in the calculation of child and spousal support?
British Columbia, Canada
The following excerpt is from K.M. v. S.W., 2014 BCSC 2240 (CanLII):
As a non-recurring item, a severance payment may not be appropriate in averaging fluctuating earnings to set an ongoing support amount: s. 17(1) Federal Child Support Guidelines, SOR/97-175 (the “CS Guidelines”). A severance payment is lieu of reasonable notice. It may represent entitlement based on many years of service. It is, however, income to the recipient for the relevant period that should be included in calculating support during such period: McKenzie v. Perestrelo, 2014 BCCA 161, at para. 94. In the circumstances I would not deduct this amount.
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