When a payor earns an extraordinary amount, even if that amount is a capital gain, is that payor expected to share his bounty with his children?

Alberta, Canada


The following excerpt is from Troock v. Troock, 2010 ABQB 210 (CanLII):

When a payor parent earns an extraordinary amount, even where that amount is a capital gain, which it was not in the case before me, that parent is expected to share his bounty with his children: Ewing v. Ewing, 2009 ABCA 227 at paras. 28 and 29. The increase in the payor’s income is one factor to consider when the court is determining what is fair. In my mind there is a question whether income from overtime is non-recurring when the payor decides to stop the overtime. However, in this case, I am of the view that the payor parent, the father, should not be expected to work an extraordinary amount of overtime. For the case before me I am not entering into a detailed examination of what overtime the father should work. Rather, I am determining his child support on the basis of what he can reasonably expect to earn, which is a full time job in his trade.

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