What is the appropriate basis for the quantum of child support under s.15(5) of the Divorce Act?
British Columbia, Canada
The following excerpt is from Reid v. Reid, 1995 CanLII 1968 (BC CA):
9 I take the view that the appropriate basis for adjudicating the quantum here was not the husband's modest income as a bartender but his "means" as more broadly understood in s.15(5) of the Divorce Act to include his assets, primarily his equity in the home. In this connection I refer to the concurring reasons of Madam Justice L'Heureux-Dubé in Willick v. Willick, (27 October 1994) No. 23141 (S.C.C.) at p.20 where she said: When assessing the parents' respective ability to contribute to child support, all of their assets should be considered as well as the cost of the non-financial contributions of the custodial parent.
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