What is the impact of a self-employed employee’s business income on the calculation of child support?

British Columbia, Canada


The following excerpt is from Kuznecov v. Kuznecov, 2006 BCSC 748 (CanLII):

The court continued, at para. 36: … The wording of s. 19 of the Guidelines is open-ended (“which circumstances include”), thus indicating that the categories listed in that section are merely examples of situations in which income may be imputed. There are, therefore, other potential scenarios in which income can, and should, be imputed. Where significant amounts of untaxed business income are used for payment of personal expenses, ‘grossing up’ business income to place a spouse’s real income on a par with what it would be in a salary income context is, in my view, another such scenario. As Lane J. expressed it, in a particularly practical fashion, in Manis v. Manis, at para. 99: “The fundamental principle is that the court must estimate the actual means which the parent has available for child support. If less tax is paid, more is available.” I would add only the reminder that the Guideline table amounts are based on the gross income of salaried employees without regard to potential differences in deductions. Accordingly, attempting to achieve absolute consistency between salaried employees and the self-employed is neither necessary nor appropriate.

Other Questions


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 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)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (British Columbia, Canada)
What is the impact of child support legislation on 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)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
How is child support calculated when the child only remains a child because of his post-secondary education? (British Columbia, Canada)
How is child support calculated based on the payor's income during the year in which the child was owed? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the impact of the BCSC 990 child support legislation on child support? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.