MAINTENANCE AND SUPPORT - Child support - Calculation or attribution of income

Law360 Canada ( March 19, 2025, 1:58 PM EDT) -- Action by Applicant for child and spousal support, division of matrimonial property, and the allocation of family debts following the separation of the parties. Post-separation, the Respondent's salary, bonuses, and dividends continued to be deposited into a joint bank account (JBA) accessible by both parties. The Applicant argued that retroactive child support for their four children and spousal support were due for the period from the separation until the Respondent's employment was terminated for cause. The Respondent contended that since both parties had equal access to the JBA and utilized it for living expenses and debt payments, no retroactive support was necessary. The Applicant claimed that retroactive child and spousal support were owed for the period from separation until the Respondent's job termination. She also sought imputation of income to the Respondent for the period he was unemployed post-termination, arguing that his job loss was due to his refusal to take a drug test. Additionally, she requested that mystery deposits to the Respondent's bank account in 2022 and 2024 be included in his income for support calculations. The Respondent argued that no retroactive support was due as both parties had equal access to the JBA, which covered all the necessary expenses. He contended that his unemployment was not intentional or reckless and that he made reasonable efforts to find new employment. The Respondent also disputed the inclusion of mystery deposits and gifts from his mother and sister in his income for support calculations. The Applicant sought credit for principal-reducing mortgage payments and exclusion of post-separation assets from division, valuing the matrimonial home at $475,000. She acknowledged some responsibility for tax debt but opposed liability for interest and penalties. The Respondent argued that some mortgage payments came from his funds and that the Applicant's benefit from living in the home offset her payments. He accepted excluding post-separation assets, valued the home at $490,000, disputed a $30,214 post-separation debt, and corrected Applicant's LIRA value....
LexisNexis® Research Solutions

Related Sections