What is the test for imputing income from a spouse who is under-employed?

Ontario, Canada


The following excerpt is from Tabassum v. Khan, 2012 ONCJ 5 (CanLII):

[24] The third part of the test in Drygala v. Pauli, supra, is: “If there is no reasonable excuse for the payor’s under-employment, what income should properly be imputed in the circumstances?” The court must have regard to the payor’s capacity to earn income in light of such factors as employment history, age, education, skills, health, available employment opportunities and the standard of living earned during the parties’ relationship. The court looks at the amount of income the party could earn if he or she worked to capacity.

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