How is a payor's income calculated when the payor’s income has fluctuated in previous years?
British Columbia, Canada
The following excerpt is from A.H. v. F.L., 2013 BCSC 1444 (CanLII):
The authorities direct that the calculation of income for the payment of support is based on a payor’s capacity to pay. In circumstances where a payor’s income has fluctuated in previous years and it is anticipated that it will continue to fluctuate, it may be appropriate to calculate a payor’s income by taking an average of that fluctuating income over a fixed number of years: Jakob v. Jakob, 2010 BCCA 136 at para. 46.
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