What is the test for a finding of intentional underemployment or unemployment for child support?

British Columbia, Canada


The following excerpt is from Mayall v. Kebarle, 2013 BCSC 2605 (CanLII):

It is not required that I find that the parent intended to evade or minimize the payment of child support for a finding of intentional underemployment or unemployment. What matters is whether the parent is earning what the parent is capable of earning. (See McCaffrey v. Paleolog, 2011 BCCA 378, especially at paras. 50-53).

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