What is the test for imputing income from a parent who has been ordered to work to meet his child support obligations?

Ontario, Canada


The following excerpt is from Matti v. Odish, 2017 ONCJ 410 (CanLII):

[29] In Duffy v. Duffy, 2009 NLCA 48, the court sets out the following principles: a) The fundamental obligation of a parent to support his or her children takes precedence over the parent’s own interests and choices. b) A parent will not be permitted to knowingly avoid or diminish, and may not choose to ignore, his or her obligation to support his or her own children. c) A parent is required to act responsibly when making financial decisions that may affect the level of child support available from that parent. d) The determination to impute income is discretionary, as the court considers appropriate in the circumstances. e) A parent will not be excused from his or her child support obligations in furtherance of unrealistic or unproductive career aspirations or interests. Nor will it be acceptable for a parent to choose to work for future rewards to the detriment of the present needs of his or her children, unless the parent establishes the reasonableness of his or her course of action.

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