Does a payor have to pay child support where the payor is an entrepreneur trying to pay off a judgment?
Alberta, Canada
The following excerpt is from Hunt v. Smolis-Hunt, 1998 ABQB 389 (CanLII):
In McCargar v. McCargar, [1997] A.J. No. 678, (Q.L.) (Q.B.) Justice Veit held that although the payor was an entrepreneur trying to pay off a judgment so that he could re-enter the business world, he could earn at least as much from employment as the recipient and attributed income to him on that basis. At paragraph 19 of the decision she held: The fact that he is doing everything possible to recover his lost property and cancel the large matrimonial debt does not absolve him from the responsibility of paying support for his children. If it came to a choice between his house and his children, there is no question but that the children's needs must come first.
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