F - Imputing Income Jas Dhaliwal F - Imputing Income Jas Dhaliwal

Family Law Principles that we can learn from Thompson v. Thompson 2013 ONSC 5500 (Income determination)

In the context of child and spousal support proceedings, the determination of the parties' incomes is crucial. The Guidelines' sections 15 to 20 are the starting point for calculating a party's income. If both spouses agree in writing on the annual income of a spouse, the court may consider that amount to be the spouse's income. The spouse's annual income is determined using the sources of income set out in the T1 General Form issued by the Canada Revenue Agency, with adjustments provided for in Schedule III to the Guidelines. The court should determine the party's Guidelines income for the upcoming twelve months from when child support will be paid if a party's prior year's income is not predictive of what they are likely to earn in the upcoming year.

Read More