If there is no reasonable excuse for the under-employment of a payor, what is the effect on imputed income?

Ontario, Canada


The following excerpt is from T.L. v. D.S., 2019 ONCJ 809 (CanLII):

[76] If there is no reasonable excuse for the payor’s under-employment, the court must determine what income should properly be imputed in the circumstances. The court must have regard to the payor’s capacity to earn income in light of such factors as employment history, age, education, skills, health, available employment opportunities and the standard of living enjoyed during the parties’ relationship. The court looks at the amount of income the party could earn if he or she worked to capacity. See: Lawson v. Lawson, 2006 CanLII 26573 (ONCA). 4.2 Analysis

Other Questions


When imputing income is imputed in an original order, can the payor continue to impute income? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
What is the range of income impute by a judge when it is difficult to impute income to a recipient? (Ontario, Canada)
When imputing income is imputed, what is the effect on a motion to vary or change support? (Ontario, Canada)
What is the test for imputing income to a payor who is intentionally underemployed? (Ontario, Canada)
How much income is imputed to a payor who is unemployed or underemployed due to their own misconduct or fault? (Ontario, Canada)
Can a payor be imputed income to the payor if he voluntarily retired to frustrate a material change order? (Ontario, Canada)
Does a payor have to produce a statement of income, printout from his employer, and a copy of his T4 and 2008 income tax returns? (Ontario, Canada)
How has the court dealt with a claim for minimum wage imputing income against the payor? (Ontario, Canada)
What is the test for imputing income from self-employment on a spouse's income tax return? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.