What analysis must be undertaken when determining income for the payor spouse under s. 16 and 17 of the Divorce Act?
British Columbia, Canada
The following excerpt is from Akkor v. Roulston, 2009 BCSC 258 (CanLII):
In Fuzi v. Fuzi, 1999 CanLII 4073, [1999] B.C.J. No. 2263 (S.C.), Pitfield J. described the analysis that should be undertaken when determining the income of the payor spouse under ss. 16 and 17. First, on the basis of the most current information available, the court must determine the annual income for the year in which the application is made. In the event the court considers that the income determined under s. 16 would not provide the fairest determination, the court may have regard to the spouse’s income over the last three years.
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