How has the court dealt with a claim for minimum wage imputing income against the payor?
Ontario, Canada
The following excerpt is from Jama v. Mohamed, 2015 ONCJ 619 (CanLII):
[91] The court also considered the case of Mohamed v. Abdilurazak, [2001] O.J. No. 2952 (OCJ). In Mohammed, the City was the assignee of child support and sought child support against the payor. The payor did not defend the claim and filed no financial information. The City asked the court to impute a minimum wage to him. The only evidence before the court was that the payor was on social assistance. The court did not grant the order because the payor was in receipt of social assistance and there were no exceptional circumstances upon which to make a support order. It made no sense that the City was seeking to impute income to the payor at the same time as it was paying him benefits. The court suspended the court order until such time as the payor was no longer on social assistance.
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