What If a Parent Does Not Disclose the True Income?
Video: What If a Parent Does Not Disclose the True Income?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
… Now as for him claiming low income, under Section 19 of the Child Support Guidelines, if you can convince a judge that he is either intentionally unemployed or intentionally underemployed or that he is not making full disclosure of his income, a judge has the power to disregard what he says about what his income is and order him to pay child support on an amount that the court will impute, which is another way of saying ascribing or pretending his income could be. So a person can come to court and say, “My income is $800 a month.” But the judge can say, “I don’t buy that. I’m going to determine that your income is $3000 a month because you have the capacity to earn $36000 a year and pay child support on that.”
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(’First Take Live’ video clips courtesy of Dan Carter Productions. Original Broadcast: 2007) About the author: Steven Benmor practices Family Law in Toronto, Ontario, Canada. Visit Steven Benmor’s online Family Law Resource Center for concise answers to many more frequently asked Family law questions, feature articles on Family law topics, dozens of links to other Family law websites, and more at www.benmor.com. The information on this page is for discussion purposes only. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available. |
