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ARTICLE · 18 OCTOBER 2018

Income Declared On A Tax Return Isn't The Last Word When Calculating Child Support

For a self-employed individual, the amount of income used to determine a child-support obligation rarely mirrors the income declared on that person's income tax return. In fact,

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For a self-employed individual, the amount of income used to determine a child-support obligation rarely mirrors the income declared on that person’s income tax return. In fact, an individual’s income tax return is just the starting point when it comes to calculating the amount of support payable by one parent to the other.

In AMW v. BW 2018, a recent case coming out of the Court of Queen’s Bench of Alberta, Justice Mah squarely addressed the impact of self-employment on the determination of income for child support purposes. In that case, the support payor, BW, owned interests in three corporations through a somewhat complex network of shareholdings with other individuals. All three corporations were engaged in the oilfield industry.

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