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Difference between revisions of "Indigenous Families"
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There are a | There are a some issues that are particular to Aboriginal people dealing with a family law problem. Some involve cultural concerns while others stem from the federal government's exclusive jurisdiction over "native people and reserve lands." | ||
This section addresses these issues briefly. However, for more complete information I strongly encourage you to consult with a family law lawyer | This section addresses these issues briefly. However, for more complete information I strongly encourage you to consult with a family law lawyer. | ||
This section look at issues particular to Aboriginal people that relate to the care and control of children, calculating the amount of child and spousal support payments, and dividing family property and family debt. | This section look at issues particular to Aboriginal people that relate to the care and control of children, calculating the amount of child and spousal support payments, and dividing family property and family debt. | ||
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There is, however, one significant additional issue. | There is, however, one significant additional issue. | ||
Aboriginal people who qualify as "status Indians" (under the federal Indian Act) may not be required to pay income tax. Because the [[Child Support Guidelines]] are based on the assumption that a payor is paying income tax, the standard method of calculating income under the Guidelines would give a distorted result. | Aboriginal people who qualify as "status Indians" (under the federal Indian Act) and who live on reserve may not be required to pay income tax. Because the [[Child Support Guidelines]] are based on the assumption that a payor is paying income tax, the standard method of calculating income under the Guidelines would give a distorted result. | ||
Under s. 19(1)(b) of the Guidelines, a tax-exempt payor may have his or her income ''grossed up'' to account for this tax advantage. The grossing-up process essentially involves figuring out how much money a taxed payor would have to earn to have the tax-exempt person's income once income taxes are taken off. | Under s. 19(1)(b) of the Guidelines, a tax-exempt payor may have his or her income ''grossed up'' to account for this tax advantage. The grossing-up process essentially involves figuring out how much money a taxed payor would have to earn to have the tax-exempt person's income once income taxes are taken off. | ||