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New Case - Father in PEI wins Appeal

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  • New Case - Father in PEI wins Appeal

    For some reason I can't post this on main Divorce category

    A newly-released case from PEI

    Judge erred in not using most recent information when imputing income.
    Judge erred by accepting opposing counsel's calculations as basis for deciding support (you can't cross-examine a party's lawyer).

    Judge also erred in taking too long to render decision (over 6 months).

    Father win's costs.

  • #2
    This is the argument my partners ex refused to understand:

    "The determination of a spouse’s annual income is a prospective exercise. It is the spouse’s projected annual income, not his or her historical income, which is to be used in the calculation of the Table amount. Support must be paid out of future income of the payor and not from what he or she has earned in the past. ... In engaging in the predictive exercise, past income will serve as a basis to predict future income, and historical data and financial information will usually provide a forecast of future income. ... However, it is current or projected level of income that is important. This is reinforced by s.2(3) of the Guidelines which directs the courts to use the most current information: ... It is also reinforced by s.21(1)(c) which requires an employee to deliver a cumulative pay stub or year-to-date statement of earnings. [Emphasis added.]"

    Tax returns are not always an indicator of income. Especially when the payor has lost their job!


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