What is the test for intentional underemployment?
Ontario, Canada
The following excerpt is from Ghent v. Busse, 2021 ONSC 3278 (CanLII):
The second step of the Drygala test is generally treated as an overall test of reasonableness. In Jackson v. Mayerle, the court held that: Once intentional underemployment is established, the onus shifts to how one of the exceptions of reasonableness.
Justice Pazaratz notes in Jackson v. Mayerle: Parents are required to act responsibly when making financial decisions that may affect the level of child support available. They must not arrange their financial affairs so as to prefer their own interests over those of their children.
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