Federal Child Support Guidelines (SOR/97-175)

Marginal note:Imputing income

• 19 (1) The court may impute such amount of income to a spouse as it considers appropriate in the circumstances, which circumstances include the following:

  • (a) the spouse is intentionally under-employed or unemployed, other than where the under-employment or unemployment is required by the needs of a child of the marriage or any child under the age of majority or by the reasonable educational or health needs of the spouse;

  • (b) the spouse is exempt from paying federal or provincial income tax;

  • (c) the spouse lives in a country that has effective rates of income tax that are significantly lower than those in Canada;

  • (d) it appears that income has been diverted which would affect the level of child support to be determined under these Guidelines;

  • (e) the spouse’s property is not reasonably utilized to generate income;

  • (f) the spouse has failed to provide income information when under a legal obligation to do so;

  • (g) the spouse unreasonably deducts expenses from income;

  • (h) the spouse derives a significant portion of income from dividends, capital gains or other sources that are taxed at a lower rate than employment or business income or that are exempt from tax; and

  • (i) the spouse is a beneficiary under a trust and is or will be in receipt of income or other benefits from the trust.

• Marginal note:Reasonableness of expenses

  (2) For the purpose of paragraph (1)(g), the reasonableness of an expense deduction is not solely governed by whether the deduction is permitted under the Income Tax Act.