What is the test for determining whether a spouse is entitled to a spouse's income?
British Columbia, Canada
The following excerpt is from M.J.W. v. M.G.W., 2012 BCSC 768 (CanLII):
The task is to determine the spouse's available income. What he or she does with that income is not relevant. Chapman v. Summer, supra, at paragraph 17.
Furthermore, where a personal service corporation is involved such as a law corporation, determining Guideline income by the amount of fees collected serves to put a lawyer who uses a personal law corporation, for example, on the same footing as one who does not. Boulton v. Beirne, [2008] B.C.J. No. 832 at paragraph 17.
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