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.