How is corporate income treated in determining income for support purposes?

British Columbia, Canada


The following excerpt is from Harfield v Wilson, 2021 BCSC 653 (CanLII):

The Court of Appeal explained the reason for considering corporate income, when it is available, in Namdarpour v. Vahman, 2019 BCCA 153: Where a person owns or controls a corporation, the income actually paid by the corporation may not represent the total income available to be paid. By underpaying him or herself, an owner could artificially reduce the income available to pay support unnecessarily or arbitrarily—i.e., reduce income by choice. A corporation could be used as a vehicle to accumulate savings, which would depress support payments. Section 18 allows the court to “lift the corporate veil” to ensure that money received as income by the payor spouse fairly reflects all the money available for payment of support … (para. 121)

Other Questions


Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
Is corporate income included in income for child 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)
What is the best evidence used to determine Guidelines income for the purposes of determining the payor’s income? (British Columbia, Canada)
What is the case law regarding child support for the purposes of determining 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)
How is child support calculated when the income of a spouse is less than the income required for child support? (British Columbia, Canada)
What is the impact of a corporation on a payor's Guidelines income for child support purposes? (British Columbia, Canada)
Are expenses claimed against commission income or self-employment income for child and spousal support purposes? (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.