If your ex-spouse is intentionally hiding income, working cash jobs, or refusing to work to avoid paying child support, a New Brunswick judge can “impute” their income. This means calculating support based on their true earning capacity. Filing a motion costs $50 CAD, but proving the claim usually requires an experienced lawyer.
Child support is not optional; it is the fundamental right of the child to benefit financially from both parents. Unfortunately, some individuals will go to great lengths to avoid their financial responsibilities. They might quit a lucrative job, hide assets in a new business, work exclusively “under the table” for cash, or claim they cannot find work despite being perfectly capable.
In this guide, we will explain how to tackle this problem in New Brunswick by asking the court to “impute” income. 📈 Imputing income is a legal process where a judge assigns a phantom income to the paying parent based on what they should be earning. We will outline the evidence you need to gather, the legal steps to take at the Court of King’s Bench, and the associated costs.
Step-by-Step Process in New Brunswick
Proving that someone is intentionally underemployed is challenging because you must prove intent and capability, not just a temporary stroke of bad luck. 📋 Courts in Canada recognize that people can lose their jobs legitimately, so your evidence must be compelling.
Step 1: Request Full Financial Disclosure
Under the Federal Child Support Guidelines, parents are required to provide updated income information annually. Your first step is to formally request their recent Canada Revenue Agency (CRA) Notices of Assessment, T4s, corporate tax returns (if they own a business), and bank statements. If they ignore your request, you can file a motion to compel disclosure.
Step 2: Gather Evidence of Earning Capacity
If their tax returns show a suspicious drop in income, you must build a case showing their true earning potential. 🔍 This might involve collecting evidence of their past employment history, specific job postings in their field in cities like Moncton or Fredericton, or proof of a lavish lifestyle (like expensive vacations or a new car) that contradicts their claim of poverty. If they are working cash jobs, texts, social media posts, or witness statements can be invaluable.
Step 3: File a Motion to Impute Income
Once you have your evidence, your lawyer will file a Notice of Motion at the local Family Division of the Court of King’s Bench. In your sworn affidavit, you will present the evidence that the paying parent is intentionally underemployed. The judge will review the facts, their education, their health, and local market conditions.
Step 4: The Judge’s Decision
If the judge agrees with you, they will issue an order imputing an income amount. 🏛 For example, if your ex-spouse is a certified electrician who suddenly claims to be working minimum wage, the judge may impute an income of $80,000 CAD based on industry standards, and order them to pay child support and spousal support accordingly.
How Much Does it Cost in New Brunswick?
Holding an evasive ex-spouse accountable requires a strategic approach, and the legal costs can add up quickly. 💵 However, securing fair child support over the next decade often outweighs the short-term legal fees.
- Court Filing Fees: Filing a motion at the Court of King’s Bench carries a base fee of $50 CAD.
- Private Investigator: If you need solid proof that your ex is working a cash construction job, a private investigator usually charges $80 to $150 CAD per hour. A basic surveillance report might cost $1,000 to $2,500 CAD.
- Lawyer Fees: This is a complex area of family law. Hiring a law firm to draft the affidavits, conduct questioning, and argue the motion generally costs between $3,500 and $10,000 CAD.
- Cost Awards: If the judge finds that your ex-spouse was maliciously hiding income, the judge may order them to pay a portion of your legal fees.
| Legal Action | Purpose | Estimated Cost (CAD) |
|---|---|---|
| Motion to Compel Disclosure | Forces the ex-spouse to produce CRA documents and bank records | $1,500 – $3,000 |
| Hiring an Expert / PI | Gathers proof of cash businesses or hidden assets | $1,000 – $3,000 |
| Motion to Impute Income | Formal court hearing to assign a new income for support purposes | $3,500 – $10,000+ |
How Long Does the Process Take?
Chasing hidden income is rarely a quick fix. 📅 First, you must give the other party time to respond to your request for documents (usually 30 days). If they drag their feet, you may wait 2 to 3 months just to get a court order forcing them to produce their taxes. Once you actually file the motion to impute income, it typically takes 4 to 8 months to get a final hearing date in busy New Brunswick courts. If your case is highly complex and requires a full trial, it could take over a year.
Frequently Asked Questions (FAQ)
What if my ex went back to school to get a new degree?
Courts generally support reasonable educational upgrading if it benefits the family long-term. However, a parent cannot suddenly quit a high-paying job to study something frivolous just to avoid their child support obligations. The judge will weigh the realism of their career plan.
Can income be imputed if they are on social assistance?
Usually, no. If a parent is genuinely disabled or legitimately unable to find work and relies solely on social assistance or disability benefits, the court will not impute a full-time working income to them.
What if they remarry a wealthy person and stop working?
A new spouse’s income does not directly count toward child support. However, if your ex-spouse chooses to become a stay-at-home parent because their new partner is wealthy, a judge will likely still impute an income to them based on their earning capacity, as their first obligation is to support their child.
Do I need a lawyer for this process?
While you can represent yourself, imputing income is heavily dependent on specific case law and rules of evidence. A law firm will know exactly how to subpoena the right documents and present the financial arguments effectively.
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