May 02, 2018
Imputed Income and Child Support
D.D.M. c. P.M | 2018 NBCA 3 | New Brunswick Court of Appeal
Support -- Child support under federal and provincial guidelines -- Determination of award amount -- Spouses’ means -- General principles
Parties had two children and separated after 12 years of marriage -- At time of separation, children resided with
mother -- Father’s annual income was imputed at $40,000 -- Trial judge granted mother’s application for child
support granted -- Judge ordered father to pay $566 per month in child support -- Evidence demonstrated that
father had access to jobs and income when convenient -- Father’s business travel and leisure abroad and large
number of bank transactions created inference that father either had income abroad which was not disclosed or
he was able to earn higher income -- Father appealed -- Appeal dismissed -- Father did not identify manifest
error of fact or law in judge’s reasons concerning best interests of children -- Judge’s findings of fact were open
to her on evidence -- Decision reflected correct application of law to facts.
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