Is corporate income included in income for child support purposes?
British Columbia, Canada
The following excerpt is from C.D.W. v. D.A.T., 2015 BCSC 2262 (CanLII):
The Court of Appeal in Hausmann v. Klukas, 2009 BCCA 32, addressed the issue of reconciling corporate income as an inclusion in income for support purposes. They confirmed that the proper approach for the purposes of child support is to include corporate income where the sole shareholder of a corporation has control of the characterization and allocation of corporate expenses, stating:
"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
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
Is a father's income from the sale of shares he received as an employee included in his income for child support purposes? (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)
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)
What is the case law regarding child support for the purposes of determining child support? (British Columbia, Canada)
Is pre-tax corporate income available to the payor for purposes of child support? (British Columbia, Canada)
Are expenses claimed against commission income or self-employment income for child and spousal support purposes? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
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)
