What is the test for imputing income to a spouse who is intentionally under-employed?
Ontario, Canada
The following excerpt is from Gavriluta v. Pricopciuc, 2019 ONCJ 858 (CanLII):
The Ontario Court of Appeal in Drygala v. Pauli, supra, set out the following three questions which should be answered by a court in considering a request to impute income: 1. Is the party intentionally under-employed or unemployed? 2. If so, is the intentional under-employment or unemployment required by virtue of his reasonable educational needs, the needs of the child of the marriage or reasonable health needs? 3. If not, what income is appropriately imputed? The onus is on the party seeking to impute income to the other party to establish that the other party is intentionally unemployed or under-employed.[4]
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