Can a payor be imputed income to the payor if he voluntarily retired to frustrate a material change order?
Ontario, Canada
The following excerpt is from Hickey v Princ, 2015 ONSC 5596 (CanLII):
Evidence that a payor voluntarily retired in order to frustrate a support order is clearly an important fact militating against a finding of a material change. In such a case, it would be open to the court to impute income to the payor up to an amount he would have earned if he had not retired: Teeple v. Teeple, [1999] O.J. No. 3565 (C.A.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When imputing income is imputed in an original order, can the payor continue to impute income? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
Is there any material change on the basis that the applicant has suffered a material change connected with his desire to retire? (Ontario, Canada)
What is a material change in an order and what is the test for material change? (Ontario, Canada)
What is a material change in the definition of a change in terms of material change? (Ontario, Canada)
Can a motion to vary an order be made on the basis that it has materially incomplete material that would have changed the outcome? (Ontario, Canada)
When will a court order a person to pay child support based on imputed income rather than their actual income? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
Is the continued conflict between the parties a material change in circumstances for a change in a restraining order? (Ontario, Canada)
What is the test for changing a temporary order without requiring a material change? (Ontario, Canada)
