What is the test for deducting expenses from income for child support purposes?

Ontario, Canada


The following excerpt is from Szuky v. Pereira, 2012 ONCJ 303 (CanLII):

[18] Justice Masse wrote in paragraph 22 of the following case: Wilson v. Wilson [2011] O.J. No. 1088, 2011 ONCJ 103 Belleville Registry No. 478/06 Ontario Court of Justice Para.22 A self-employed person…has the onus of clearly demonstrating the basis of his net income. This includes demonstrating that the deductions from gross income should be taken into account, i.e. the calculation of income for support purposes… Such payors have an inherent obligation to put forward not only adequate but comprehensive records of income and expenses, from which the recipient can draw conclusions and the amount of child support can be established…the onus rests upon the parent seeking to deduct expenses from income to provide meaningful supporting documentation in respect to those deductions, failing which an adverse inference may be drawn… Justice Masse gave supporting case authority for each of the above statements.

Other Questions


Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Can a percentage of the "hard costs" associated with child support be deducted from rental income for the purpose of calculating child support? (Ontario, Canada)
When a child seeks to deduct expenses from his father's income, does the child have to prove that the father’s income is taxable? (Ontario, Canada)
When the husband understated his income for child support purposes, the wife was receiving social assistance. In what circumstances will he be entitled to table child support? (Ontario, Canada)
If the child is a full-time student at school, is the child's income sufficient to qualify for child support? (Ontario, Canada)
Is RRSP income presumptively part of a spouse's income for child support purposes? (Ontario, Canada)
What is the onus upon a parent seeking to deduct expenses from income from a child's income? (Ontario, Canada)
What is the burden of proof against a party who claims business expenses to reduce their income for child support purposes? (Ontario, Canada)
What is the current income of the payor spouse for child support under the Child Support Guidelines? (Ontario, Canada)
Can carrying charges be deducted from total income for child support purposes? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.