What is the test for s.19 of the Child Support Guidelines?

Nova Scotia, Canada


The following excerpt is from Jovcic v. Jovcic, 2005 NSSC 183 (CanLII):

The purpose of s.19 of the Guidelines is to ensure that payors do not escape their obligation to contribute to the support of their child or children by failing to generate a reasonable level of income taking into account their ability, experience, opportunities and child care responsibilities, by understating the true value of their income, or by failing to disclose their income. It is not intended to be the catch‑all clause of the guidelines to trap every potential payor who has somehow slipped through the other provisions of the Guidelines without being required to pay any child support. The Guidelines themselves contemplate the possibility that a spouse will not pay child support. I refer to the oral decision of Campbell, J. in Keefe v. Randall, 2005 NSSC 164 at paragraphs 17, 27 and 28:

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