What is the test for intentionally under-employed spouses?
Ontario, Canada
The following excerpt is from Caine v. Ferguson, 2012 ONCJ 139 (CanLII):
[26] The second part of the test in Drygala v. Pauli, supra, is: “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?” Once under-employment is established, the onus shifts to the payor to prove one of the exceptions of reasonableness.
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