What is the test for proving that a corporation’s pre-tax income is not available for support?

British Columbia, Canada


The following excerpt is from S.L.D. v W.A.D, 2021 BCSC 942 (CanLII):

The onus of proof is on the payor spouse to provide clear evidence that a corporation’s pre-tax income is not available for support: Hausmann v. Klukas, 2009 BCCA 32 at paras. 51–52.

Other Questions


Does the Husband’s tax returns and income from a corporation affect the amount of income available for payment of child support? (British Columbia, Canada)
Does the payor spouse have to prove that pre-tax corporate income is not available for support purposes? (British Columbia, Canada)
Is pre-tax corporate income available to the payor for purposes of child support? (British Columbia, Canada)
Is corporate income included in income for child support purposes? (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 a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
How is corporate income treated in determining income for support purposes? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
Are expenses that are paid for by a corporation deductible when income flows through the corporation? (British Columbia, Canada)
Are expenses claimed against commission income or self-employment income for child and spousal support purposes? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.