Is a payor required to provide evidence that pre-tax income is not available to the payor?

British Columbia, Canada


The following excerpt is from K.W. v. L.H., 2018 BCCA 204 (CanLII):

The onus is on the payor to provide evidence that a corporation’s pre-tax income is not available to the payor: Hausmann v. Klukas, 2009 BCCA 32 at paras. 50–52, leave to appeal ref’d [2009] SCCA No. 135.

Other Questions


Is a payor required to establish that pre-tax income is not available because reinvestment of the company is necessary? (British Columbia, Canada)
Can a claimant who has failed to provide income tax returns, other specific evidence of her financial circumstances, or evidence that her health disabled her from working, prove need? (British Columbia, Canada)
What is the best evidence used to determine Guidelines income for the purposes of determining the payor’s income? (British Columbia, Canada)
How is a payor's income calculated when the payor’s income has fluctuated in previous years? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
Does s. 3(2)(b) of the Income Tax Code require spouses to share expenses with each other in proportion to their respective incomes? (British Columbia, Canada)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
Is a payor required to report changes in income to the recipient periodically or to voluntarily increase child support as a result of the increase? (British Columbia, Canada)
How is child support calculated when the income of a spouse is less than the income required for child support? (British Columbia, Canada)
Is pre-tax corporate income available to the payor for purposes of child support? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.