Determination Of Income When A Payor’s Income Fluctuates

This recent decision from the Superior Court of Justice provides guidance for lawyers and future courts with respect to the determination of income when a payor’s income fluctuates. This case suggests that although many courts have chosen to average income to determine income for support purposes, material evidence which substantiates current income may be grounds to forego such averaging. This case provides a useful guide with regards to the jurisprudence in respect of income averaging.
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Imputing Income: Zigiris v. Foustanellas, 2016 CarswellOnt 18902 (Ont. S.C.J.)

In this case, Justice Shelston carefully overviews section 19 of the Federal Child Support Guidelines and notes that there is a duty on the spouse to actively seek out reasonable employment. When imputing income, the court first looks at the spouse’s capacity to earn income, which can be influenced by age, education, health, work history and availability of work that is within the scope of his or her capabilities.
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The Dangers of Unequal Bargaining Power: Butler v Butler, 2015 ONSC 6796

The parties, Mr. and Ms. Butler began living together in 1979. They were married in 1982 and raised two children (both adults now). The couple jointly owned their home. Throughout their relationship and after, Mr. Butler worked on the automotive assembly line at Honda Canada. Ms. Butler assumed the role of a traditional stay-at-home mother; she maintained the home, cared for and raised the children, and had no substantial paid employment over the last 26 years.
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Income Determination: Performance Bonuses and Transitional Loans

The parties were married for 9 years before separating in 2014. There were 3 young children of the marriage, ages 1, 5, and 6, and the wife was on maternity leave at the time of separation. Approximately 2 months before separating, the husband secured a new position as a financial advisor at Raymond James for which his employment contract structured his pay as follows.
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Child Support For Children Over The Age Of Majority: Coté v. Coté, 2015 ONSC 6924

Given the increasing demand for further education in the marketplace, and the challenges that now face young adults trying to break into the workforce, it is no surprise that children are now becoming financially independent well into their adult years. As such, child support payors may be concerned about whether and how much child support should be paid for their adult children. This case addresses the issue of whether a parent must continue to pay child support for children over the age of majority and, if so, in what amount
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Veteran’s Affairs Canada Pension and Child Support

The parties married and had two children together, and the father’s son from a prior relationship was adopted by the mother. During marriage, the father was awarded a VAC pension for his major depression resulting from his military service, which also included a portion benefiting the children and a portion for his spouse. They used the monthly pension as part of their income for the family’s expenses.
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