Is deliberate underemployment a factor in determining child support?
Manitoba, Canada
The following excerpt is from Lievaart v. Smith, 2021 MBQB 73 (CanLII):
Manitoba courts have dealt with the concept of deliberate underemployment in the context of child support. In Donovan v. Donovan, 2000 MBCA 80, at paragraph 18, the court observed that a, “decision as to whether a person is capable of earning more income than they are presently earning depends on the context”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is intentional underemployment a factor in determining child support? (Manitoba, Canada)
What is the effect on spousal and child support when the petitioner stops paying child support? (Manitoba, Canada)
What is the test for determining if a child is entitled to child support? (Manitoba, Canada)
What is the test for determining child support in a shared custody situation? (Manitoba, Canada)
What is the test for undue hardship in determining child support? (Manitoba, Canada)
In a shared custody situation, in what circumstances will child support be determined? (Manitoba, Canada)
What is the compensatory method for the purpose of determining the amount of support awarded to a spouse who works in the home? (Manitoba, Canada)
When will the court order child support for the children of a separated parent from the date of the separation date? (Manitoba, Canada)
What is the effect of a delay in seeking spousal support if the husband has been seeking support for more than a year? (Manitoba, Canada)
Is a father entitled to spousal and/or child support from the time of the parties’ separation? (Manitoba, Canada)
