Is a father's income from the sale of shares he received as an employee included in his income for child support purposes?
British Columbia, Canada
The following excerpt is from T.C. v A.J, 2021 BCSC 1696 (CanLII):
I note that the father’s income in 2018 was substantially higher because he sold shares he received as an employee during that year; these are shares he obtained as partial remuneration in addition to his salary. The father submits, correctly so, that shares should only be included in income when they are sold and become a realized gain. The shares provided to the father confer no immediate benefit from which child support could be paid until, of course, they are sold: see ss. 17 and 18 of the Guidelines and Brown v. Brown, 2014 BCCA 152.
"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
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
Is corporate income included in income for child support purposes? (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)
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)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the case law regarding child support for the purposes of determining child support? (British Columbia, Canada)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (British Columbia, Canada)
Are life insurance premiums reasonably deducted from the income of the father for child support purposes? (British Columbia, Canada)
Are expenses claimed against commission income or self-employment income for child and spousal support purposes? (British Columbia, Canada)
What are the implications of a father’s decision not to award spousal support on behalf of his child when the child is receiving compensation for personal losses? (British Columbia, Canada)
