Vancouver Imputed Income Support Lawyers
Vancouver Imputed Income Support Lawyers 604-602-9000 see hundreds of child support cases each year. Unfortunately, some parents get so hurt or angry after a separation that they lose their focus on providing proper spousal and child support.
Some separated parents threaten to work less or quit jobs, or they work under the table, maybe they start up their own businesses, or they decide to change their career path. They hurt their children’s financial security and they ultimately hurt themselves. When this happens our top rated Vancouver Imputed Income Support Lawyers get involved to help children and the recipient parent achieve a just result.
Contact Vancouver’s top rated Family law firm early on in these difficult cases. We have 7 offices across BC, Calgary and Winnipeg. Call 1-877-602-9900 toll free to get peace of mind.
Slacking off or hiding income will not be tolerated by our Vancouver Imputed Income Support Lawyers who aggressively assist the recipient spouse to obtain proper spousal support and proper child support both basic and section 7. To be fair, our skilled Vancouver Imputed Income Support Lawyers also ensure that recipient spouse’s meet their goal of self sufficiency and their joint duty to support their children by working to their full capacity too.
Vancouver Imputed Income Support Lawyers Explain NO WORK, NO MATTER!
Going through separation or divorce in British Columbia when you have dependent children means child support is going to be a factor. Parents have an obligation, morally and legally to jointly support the children in accordance with their ability. This is the law throughout Canada under s.26.1(2) of the Divorce Act.
Vancouver Imputed Income Support Lawyers Ensure Proper Income Used To Get Fair Support
Typically, your family lawyer will perform a simple table calculation based on the payor parent’s (which would be the parent who either has no custody rights, or the parent with shared custody rights earning the greater income) gross income. But what happens when the paying parent is deliberately under-employed or unemployed? MacLean Law Vancouver Imputed Income Support Lawyers have the expertise to help make sure that appropriate income is imputed to your spouse, where necessary, to ensure that they are paying support based on their earning capacity, if greater than their actual income.
Recent Case Explains What Our Vancouver Imputed Income Support Lawyers Say Is The Correct Approach
In New Westminster on August 8, 2016, the Mr. Justice P.J. Pearlman of the British Columbia Supreme Court imputed $25,000 income to a father who owed support to two children of the marriage, ages 15 and 17. Kandola v. Kandola, 2016 BCSC 1443. At trial, Counsel for the claimant had read in the following questions and answers from the husband’s examination for discovery of June 9, 2015:
- 77 Q I am just wondering if you are attempting to find employment or are you retired?
- A When something comes up and I have to pay a bill I’ll look into it.
- 78 Q So at this point in time you are content to remain unemployed?
- A No. At this point in time I’m not employed; whether I am looking or not I don’t see it is any of your business since I am paid up.
- 79 Q I am just wondering if —
- A You can wonder. I just finished telling you that I don’t owe her any money, so it’s really none of her business.
- 80 Q So at this point you are refusing to answer whether you are looking for employment, is that correct?
- A I am unemployed at the time
- 82 Q So at some point you might look for work; is that your answer?
- A I’m always going to attempt to look for work.
- 83 Q At this point are you doing so?
- A I help out people.
- 84 Q So is that for money or for free?
- A For free.
- 85 Q So you’re not really working then or trying to work, correct?
- A Yes.
The Kandola court considered the testimony, and followed BC case law saying the court should consider:
- whether the paying spouse has taken reasonable steps to look for work based on his/her age,health, education, skills and work history.
- No deliberate attempt to avoid work need be shown just that the person is working to less than full capacity without excuse
- Foolish career paths will not be accepted by the Court and a real job income imputed instead
- Quitting jobs, changing jobs without sound financial reasons, going back to school, starting a new business etc will be viewed dimly unless the plan can be proven to lead to higher income quickly
- Alcoholism or self inflicted financial injuries such as getting fired for laziness, theft or insubordination may be given some sympathy but only for a short period of time;
- Alleged medical issues better be backed up by sound medical expert evidence
- Volunteering or wanting to be able to coach or attend school field trips that interfere with a job or a job search is not a valid excuse to avoid child support obligations
Vancouver Imputed Income Support Lawyers Know Sometimes A New Career Path Makes Sense So Let Us Help You Explain
Keep in mind that the burden rests with the party arguing for imputation of income to provide some evidentiary basis to show that the other party is intentionally under or unemployed, including for example the other side’s education, work experience, skills, health and a failure to produce documentation of sincere job-seeking efforts.
While starting a business or pursuing an alternate a career path may be important to the payor spouse and may be done in good faith, the courts will not relieve a party from their obligation or reduce their obligation when a party engages in unproductive or impractical career goals. The court will scrutinize a party’s career choice or self-employment decision to see if it was reasonable under the circumstances. If the court finds that a party’s decision was not appropriate in light of their support obligations, it may impute income. But if you can show how you will earn more over the time you have to pay child support or spousal support then a court may well agree with you and give you a short term reprieve while you develop the plan that will lead to long term gain after only short term financial pain.
One thing is clear when someone isn’t an employee with a set income and where someone isn’t playing fair it makes sense to hire one of our Vancouver Imputed Income Support Lawyers. Call Tal Wolf at our downtown office or any of the other 2o lawyers and student at our firm.
