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You’re invited to participate in a survey on behalf of the CBV Institute re Guideline Income Reports

Ken Proudman - view Arbitrator profile
BARR LLP (Alberta. Joined 2017)

Two researchers have been commissioned by the CBV Institute to write a research paper detailing best practices in relation to Guideline Income Reports. The survey can be found here, along with more information about the project: https://www.surveymonkey.com/r/5WMMJFK The deadline to respond is by April 30, 2020.

Chartered Business Valuators can apply the factors set out in Schedule 3 to the Federal Child Support Guidelines to recommend guideline income ranges where incomes are complex, such as where spouses are self-employed or have an interest in a business. Their reports are particularly helpful where the corporate year end isn’t December 31st and needs to be pro-rated, where you’re not familiar with tax concepts such as dividend gross-ups and capital gains (which must be adjusted, and can result in double-counting or under-counting if they’re not), addressing double-counting, and reviewing ledgers to give an opinion as to whether personal expenses have been reasonably deducted, among other adjustments. Part of the reason for the research project is that many adjustments are treated inconsistently between CBVs, and some issues are debatable or adjusted for by CBVs without challenge, despite court authority questioning some common practices (e.g. whether personal expenses can be grossed-up for taxes, or whether ordinary business losses can be deducted).

There are several very technical questions (matching questions were also sent to CBVs), and some where the answers and bound by existing law in Alberta and would require legislative amendment or higher court precedent to change, but there is a “not sure / no opinion” option if you’re not familiar with the issue.

The researchers are Jean-Claude Desnoyers, FCPA, FCA, CBV, Certified Mediator, and Alexandra Danis, LL.L, CRHA. I was very fortunate to be able to speak to both of the researchers on a couple of occasions, and had some input on the survey questions. The first place that they’re distributing this survey is here on FamilyCounsel.ca, then they’ll roll it out via other channels in Alberta, and then replicate the same approach in other provinces after seeing what the feedback is in Alberta. Given that Alberta’s lawyers are the first lawyers to be surveyed, if you have any comments or questions about the survey or the research initiative, they can be directed to jc@smeba.ca


1 2 years ago - edited 2 years ago

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