Case Study

Imputing income

Introduction

In an age where financial footprints span across borders and through various channels, ensuring transparency and fairness during pivotal life events, like divorces, becomes crucial. At KLG Barristers and Solicitors, we have frequently found ourselves navigating the convoluted corridors of international and domestic finance, especially in cases where incomes are intricately tied to offshore accounts or businesses beyond Canadian shores. Our commitment is unwavering: to bring clarity to these financial labyrinths and ensure justice for our clients.

Note: While the essence of these legal battles remains accurate, specific details have been sufficiently altered to maintain anonymity.

Background Our client, a 38-year-old entrepreneur, had weathered the unpredictable storms of running her own business. While she experienced peaks and troughs in her entrepreneurial journey, she remained dedicated to her craft. Alongside her professional pursuits, she had built a life with her husband, a corporate professional, who had enjoyed a decade-long successful career at a leading company. Their shared narrative was further enriched by the presence of their twin children. However, like many tales, theirs took a twist when the couple decided to part ways. Financial disclosures were exchanged, leading to a divorce settlement. Just when it seemed that the financial chapters of their shared story were closed, a new challenge emerged.

Problem
Solution
Result

Two years after the settlement, the husband declared a significant dip in his income and abruptly stopped child support payments. Our client, equipped with her understanding of his historical financial standing, grew suspicious. She believed her ex-husband was possibly concealing his true income to avoid his child support responsibilities. Such concerns weren't unfounded, especially in the context of scenarios where individuals with connections to offshore entities or foreign businesses attempt to understate their financial capacities.

Our team embarked on a mission to unearth the truth. Our focus was to closely scrutinize the ex-husband's lifestyle for signs of expenditures that didn't align with his declared income and to meticulously dissect his financial disclosure for any inconsistencies. With a wealth of experience in handling cases of imputed income, especially those with potential ties to offshore accounts, we sought to gather either direct or circumstantial evidence that might highlight a discrepancy in the husband's financial declarations.

The court, after evaluating the evidence we presented alongside the counterarguments, chose to impute income to the husband. This assessment was based on his historical earnings, educational qualifications, and the standards set by his industry. This verdict was a testament to KLG Barristers and Solicitors' relentless pursuit of fairness, ensuring that our client and her children received the financial support they were rightfully entitled to.

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KLG Barristers & Solicitors operates an environment wherein lawyers and paralegals collaborate in an associative manner as opposed to a partnership, enhancing the efficacy of our legal services.

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