Is a party’s income for income tax purposes considered income for purposes of determining child support obligations?
British Columbia, Canada
The following excerpt is from L.M. v S.M, 2022 BCSC 477 (CanLII):
This Court is not bound to accept a party’s declared income for income tax purposes as the income on which to determine support obligations. The “…task of the court is to determine what money is fairly available to support the children of the marriage”: Younger v. Younger, 2017 BCSC 363 at para. 25.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law regarding child support for the purposes of determining child support? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (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)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
Are expenses claimed against commission income or self-employment income for child and spousal support purposes? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
Is compensation going exclusively to reimbursement of expenses considered income for child and spousal 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)
How has the Court in BC considered the family care allowance in the income of a foster care recipient for the purpose of calculating child support? (British Columbia, Canada)
