What is the test for using an average of 3 years to determine Guideline income?
British Columbia, Canada
The following excerpt is from S.D.W. v. C.W.W. et al, 2004 BCSC 1271 (CanLII):
In Bell v. Bell,[1999] B.C.J. No. 1999, 1999 BCCA 497 the Court of Appeal held that the trial judge erred in using the average of the past three years to determine Guideline income, even though there was evidence that the paying spouse’s current income was significantly less nthan the average. At ¶12 McEachern C.J.B.C. said: The guidelines that apply in this case require a fair fixing of income for this purpose. I think that the amount that the husband actually earns is a far better indicator of what figure should be used for this purpose than is achieved by averaging, particularly in an economy where employment is sometimes scarce and where there can be wide fluctuations.
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