What is the test for imputing income to both spouses for purposes of child and spousal support?
British Columbia, Canada
The following excerpt is from J.F.C. v A.O.C, 2022 BCSC 294 (CanLII):
Parents have an obligation to earn as much as they are capable of earning to meet their obligation to support their children: P.K.C. v. J.R.R., 2014 BCSC 932 at para. 99. The court has a broad discretion to impute income to either or both spouses for the purposes of both child and spousal support; however, the party seeking to have income imputed to the other bears the onus of establishing the evidentiary foundation for such a finding: Marquez v. Zapiola, 2013 BCCA 433 at para. 36. The test for imputing income for intentional under-employment or unemployment is “one of reasonableness, having regard to the parties’ capacity to earn income in light of their age, education, health, work history and work availability”: Marquez at para. 37; S.T.C. v. D.J.B., 2019 BCSC 1967 at para. 105.
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