The court must establish the payor’s income to determine the level of child support or spousal support that a party must pay. This may be more complicated if the payor has received non-recurring capital gains of a significant nature. For example, in a recent Alberta decision, Bradley v. Bradley, 2023 ABKB 128, the court was… Continue reading Court Includes Capital Gains In Payor’s Income After Business Sold
Category: Child Support
When Are Step-Parents Required to Pay Child Support?
In family law, it is well known that child support is the right of the child, and parents are required to meet their child support obligations. After a divorce, it is not uncommon for a party to find a new partner, which can reshape the family dynamic in different ways. This raises the question of… Continue reading When Are Step-Parents Required to Pay Child Support?
Father Believes Child Support Payments Include Section 7 Expenses
In addition to the emotional stress that can come with going through a divorce or separation, many parents might also feel the financial pinch that can come with the breakup of a family. It may not be obvious to the layperson what their financial obligations will be following a separation. Even those familiar with terms… Continue reading Father Believes Child Support Payments Include Section 7 Expenses
Court Overturns Undue Hardship Finding for Child Support Payor
Child support, including retroactive child support, is the right of the child. However, some payor parents may struggle to pay for retroactive and ongoing child support. It is not uncommon for retroactive child support to be several thousand dollars. The court can consider whether paying child support would create an undue hardship for the payor… Continue reading Court Overturns Undue Hardship Finding for Child Support Payor
Appeal Court Sets Payor Parent’s Income Higher for Non-Disclosure
One of the major difficulties in ensuring adequate child support is the need for more disclosure by the payor parent. Without sufficient evidence concerning the payor’s income, it is difficult for a court to establish that their income is higher. It is also very challenging for a parent receiving child support to obtain more financial… Continue reading Appeal Court Sets Payor Parent’s Income Higher for Non-Disclosure
Parents Don’t Need to Deliberately Evade Child Support to Have Income Imputed: ABCA
In family law, the imputation of income occurs when a court finds that the amount of income a parent claims to have does not fairly reflect what they could be earning. When this happens, a judge can “impute” (attribute) a more appropriate level of income to the parent for the purposes of child support. Section… Continue reading Parents Don’t Need to Deliberately Evade Child Support to Have Income Imputed: ABCA