Legal Question in Family Law in Canada

Child Support...

If an ex-spouse is ordered to pay child support, but declares to the courts he has a very very low income and cannot pay, is it possible to include his common law wife's income as income? In other words, can his (the ex-spouse) income be based on his new family income?

Thanks in advance,

M


Asked on 8/07/07, 11:19 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Child Support...

Not in British Columbia; in B.C. he will have to pay based on his income as proven (not just what he says he earns)usually by his income tax returns for 3 years, his recent pay stubs. That is, unless he claims "hardship" under the Child Support Guidelines, in which case all incomes of all people in both households must be factored in and an arithmetical formula specified by the guidelines applied to the incomes.

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Answered on 8/07/07, 4:12 pm


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