What is the test for imputing income on behalf of a child of an under-employed father?
Ontario, Canada
The following excerpt is from Rodrigues v. de Sousa, 2008 ONCJ 807 (CanLII):
[15] The Court of Appeal in Drygala v. Pauli described a three-step process to decide whether or not to impute income. The first step is to ask whether the father is intentionally under-employed. The onus to establish this is on the mother. If the answer to this question is yes, the second step is to ask whether the intentional under-employment is by virtue of the reasonable needs of the child or the reasonable educational or health needs of the father. The onus to establish this is on the father. If the answer to this question is no, the final step is to determine the amount of income that should be imputed.
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