Can a spouse impute income to their spouse in order to meet their support obligations?
British Columbia, Canada
The following excerpt is from Gebresadik v Tesfay, 2021 BCSC 127 (CanLII):
A court does not need to conclude that a spouse is acting in bad faith or intentionally evading support obligations in order to impute income. Instead, the court must determine whether a spouse is earning to his or her capacity: Beissner v. Matheusik, 2015 BCCA 308 at paras. 30, 44.
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