Does the Husband’s tax returns and income from a corporation affect the amount of income available for payment of child support?
British Columbia, Canada
The following excerpt is from Hawboldt v. Hawboldt, 2007 BCSC 1613 (CanLII):
The Husband’s tax returns do not fairly reflect the amount of money available to him for the payment of child support. In circumstances where a spouse controls a corporation, the corporate income method is likely to be the fairest method of determining the sources of income available for child support that an intact family would utilize: Kowalewich v. Kowalewich, 2001 BCCA 450.
"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
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
How is child support calculated when the income of a spouse is less than the income required for child support? (British Columbia, Canada)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
How has the court considered student loan payments as a factor in opposing a request for child support under the Child Support Guidelines? (British Columbia, Canada)
Is pre-tax corporate income available to the payor for purposes of child support? (British Columbia, Canada)
What is the proper amount of child support under the Child Support Guidelines? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
Is corporate income included in income for child support purposes? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
What is the impact of a corporation on a payor's Guidelines income for child support purposes? (British Columbia, Canada)
