The Vancouver Child Support Lawyer team at MacLean Law knows that when parents are together they work tirelessly to properly raise their children and to ensure they have the highest lifestyle possible. What happens when one or more of the parents loses their focus and tries to pay less than their children deserve because they are angry with their ex-spouse?
Lorne MacLean, QC top rated Vancouver Child Support Lawyer steadfastly believes children shouldn’t forfeit the love, guidance and financial support from two parents merely because of marriage breakdown.
Sometimes a parent loses sight of what their children’s real financial needs are after a difficult marriage breakdown. When this happens, a highly rated Vancouver child support lawyer needs to be hired to ensure the children don’t suffer financially.
Vancouver child support lawyer, Lorne Maclean, QC noted how the court in the BC child support case of GG approached calculating the proper guideline income for a parent who was earning less than they really could earn:
[36] I continue to have serious doubts regarding the respondent’s efforts to be fully employed. He has not been forthright in many respects which I have outlined in the various reasons delivered in this matter. He appears determined to persist in attempting to have the claimant pay child support to him, rather than placing a priority on providing for his children in the manner he did prior to the separation. As the claimant argues, this is the respondent’s third attempt to have the Court find that he has no income. I conclude that the respondent has been under-employed in an attempt to reduce his support obligations. I arrive at this conclusion based on the findings I have made throughout these proceedings.
[37] Of course, each parent has an obligation to support his or her children. As set out in M.A.G. v. P.L.M., 2014 BCSC 126, at para. 52, three fundamental principles apply to all child support applications:
1. parents have a joint and ongoing legal obligation to support their children;
2. the children, not the parent with custody, have the right to support; and
3. support payments are based on earning capacity and not only on what a parent actually earns. As a result a parent has a legal obligation to earn as much as he or she is reasonably capable of earning: Earle v. Earle, [1999] B.C.J. No. 383 (S.C.).
[38] The respondent is highly qualified and was very industrious in the years prior to the separation. He consulted internationally in his field while holding down a full-time job. He has provided some evidence of attempts to find a position, but I am not persuaded that he has been entirely forthcoming with regard to these issues. He did not disclose the fact that he has been scheduled to speak at international conferences in his field until this issue was raised by the claimant. In any event, I remain of the view that he will obtain employment in his field at a significant salary in the relatively near future if he wishes to do so.
[39] I note as well that there has been a marked difference in the way the two parties have approached the difficult situations they are facing. The claimant returned to work and quickly raised her income level in spite of her limited employment history. The respondent has been able to take a somewhat relaxed approach because of his financial situation, which is significantly better than that of the claimant. While he pleads hardship, he has assets in excess of $1.75 million with debt of only about $200,000. He earns little or no income on his assets. The majority of his debt is to family members, or to his closely-held company, and so is interest free. In any event, he has now taken employment and is, again, in receipt of some income.
[40] In these circumstances, utilizing the respondent’s likely 2015 income as a basis for establishing child support payments would not be the fairest determination of his income. In accordance with s. 17(1) of the Guidelines, I am of the view that in order to fairly reflect the income the respondent is capable of earning, I should “have regard to [his] income over the last three years and determine an amount that is fair and reasonable in light of any pattern of income, [and] fluctuation in income”.
[41] In fairness to the respondent, I will utilize my estimate of his 2015 income for the purpose of determining a three-year average. In 2013, he earned $213,730. His three-year average is thus: $159,677 ($213,730 + $200,301 + $65,000 = $479,031 divided by three). I will round that figure down to $150,000 and impute that amount as his income for child support purposes.
If you have a difficult spouse who is determined to pay less than fair child support you need to hire a Vancouver child support lawyer at MacLean Law. Lorne MacLean QC is ready to meet with you so you and your children move on to a secure financial future. Call him at 604-602-9000. Mr. MacLean acts across BC and in Alberta on select cases.
