Recipients of child support ought to be aware of the risks associated with support calculated using an imputed income, particularly where arrears have accrued.  Pursuant to Court of Appeal decision, Trembley v. Daley, imputing income to the payor, may not afford recipients the closure and finality that they may believe. Background The parties commenced living [...]

In the May 2012 case of S (G.E.) v. C. (F.), Justice Walsh of the New Brunswick Court of Queen’s Bench dealt with, among other issues, the unclear threshold of Section 9 of the Federal Child Support Guidelines as created by the courts. For the purposes of the case at bar, we will only analyze [...]

The recent judgment of Justice Sachs in the matter of Thomson v Richardson dealt with the issue of calculating income for the purpose of determining a payor’s child support obligation.  Specifically, the case touched on how income should be calculated when a person is self-employed and their company’s billings are different than their declared income. [...]