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You can certainly ask the Court to allocate an income stream. When it comes to child support (or alimony), the notion of income is broad. The Court has wide discretionary powers to ensure that an individual’s income is commensurate with his or her actual financial situation.
Section 9 of the Regulation respecting the determination of child support payments, CQLR c C-25.01, r. 04 stipulates that annual income includes:
– Income from any source, in particular wages, salaries and other remuneration.
– Support paid by a third party.
– Taxable amounts of dividends.
– Interest and other investment income.
– Net income from rental activities.
– Net income from the operation of a business.
– And much more.
In the case of someone who controls their own company (and therefore the taxable income they report each year), the Court may certainly intervene to consider some or all of the company’s profits. The Court may also consider the personal benefits derived from the company, such as:
– A vehicle.
– Gasoline.
– Restaurants.
– Personal expenses such as travel.
Those expenses may be considered even though they may not be included in the individual’s taxable income.
Determining income for family law purposes is not necessarily based on income for income tax purposes.
We will be pleased to guide you if you need our experts’ advice. We have all the required knowledge to give you an accurate picture of where things stand.
