Is pre-tax corporate income available to the payor for purposes of child support?

British Columbia, Canada


The following excerpt is from Reehal v Reehal, 2018 BCSC 475 (CanLII):

There is a presumption that pre-tax corporate income is available to the payor for purposes of child support. That presumption can be rebutted by the payor spouse producing compelling evidence to support the conclusion that reinvestment is necessary to sustain the company as a viable enterprise: Hausmann v. Klukas, 2009 BCCA 32 at paras. 50-52, leave to appeal ref’d 284 B.C.A.C. 320 (note).

Other Questions


Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
What is the impact of a corporation on a payor's Guidelines income for child support purposes? (British Columbia, Canada)
Does the payor spouse have to prove that pre-tax corporate income is not available for support purposes? (British Columbia, Canada)
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)
How is child support calculated when the income of a spouse is less than the income required for child support? (British Columbia, Canada)
Is corporate income included in income for child support purposes? (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)
What is the case law regarding child support for the purposes of determining child support? (British Columbia, Canada)
Can a payer set off a costs award made in his favour on a child support variation hearing against retroactive and prospective child support payable by the payor? (British Columbia, Canada)
Are expenses claimed against commission income or self-employment income for child and spousal support purposes? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.