What is the test for determining if a payor is intentionally under-employed?

Ontario, Canada


The following excerpt is from M.T. v. J.L.-T., 2018 ONCJ 654 (CanLII):

The second part of the test in Drygala v. Pauli requires the court to determine if the payor is intentionally under-employed, is this by virtue of his/or her reasonable educational needs, the needs of the child of the marriage or reasonable health needs?

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