Does the court have access to the income tax returns of the respondent's prior year?

British Columbia, Canada


The following excerpt is from E.D.A. v. M.A.A., 2014 BCSC 1084 (CanLII):

In Engebretson v. Pellettieri, 1998 CanLII 13514 (SKQB), the court did not have the father’s prior year’s income tax return, but did have his tax returns from 1994, 1995 and 1996. As in this case, the father had made inadequate financial disclosure and the court had no reliable evidence of the respondent’s current income. At paras. 17 and 18, the court held:

Other Questions


Does the respondent have a greater capacity to advance his career and increase his income than the claimant has been out of the work force for 10 years? (British Columbia, Canada)
What is the test for income before a court to determine a spouse’s income? (British Columbia, Canada)
When will the court order the disclosure of income tax returns of a self-employed husband and wife? (British Columbia, Canada)
Can a court order costs in favour of the respondent against the respondent by counterclaim? (British Columbia, Canada)
Can a lawyer be suspended from practice for obtaining a divorce order without advising the court of prior directions made by the court? (British Columbia, Canada)
In what circumstances have courts imputed income to the respondent where there is a failure to comply with the disclosure guidelines? (British Columbia, Canada)
Does a Respondent have accepted the jurisdiction of the Court as a result of the Respondent's failure to attend the hearing? (British Columbia, Canada)
Can a court impute income to a spouse or former spouse under section 19 of the Income Tax Guidelines? (British Columbia, Canada)
What are the grounds for spousal support for a 58-year-old man who, as a result of a long-term relationship with the respondent, has assets that exceed that of the respondent? (British Columbia, Canada)
How has the respondent argued in court that the claimant was a person who was out of the job market for many years and exclusively caring for the children and managing household tasks? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.