What analysis is used to impute income under s. 19(1)(a)?

Alberta, Canada


The following excerpt is from Fauth v. Fauth, 2002 ABQB 366 (CanLII):

The analysis utilized in imputing income under s. 19(1)(a) was recently outlined by the majority in Hunt v. Smolis-Hunt. The court stated at para. 42 that: The section should be interpreted to impute income where the obligor has pursued a deliberate course of conduct for the purpose of evading child support obligations. We read the section as requiring either proof of a specific intention to undermine or avoid support obligations, or circumstances which permit the court to infer that the intention of the obligor is to undermine or avoid his or her support obligations.

Other Questions


Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
Can a court impute income to a spouse or former spouse under section 19 of the Income Tax Guidelines? (British Columbia, Canada)
What is the impact of Canada on a payor's income under section 19(1)(c) of the Income Tax Code? (British Columbia, Canada)
Is a party intentionally underemployed or unemployed intentionally imputing income under section 19(1)(a) of the Employment Guidelines? (British Columbia, Canada)
Can a spouse impute income to their spouse under section 19 of the BC's Income Guidelines Guidelines? (British Columbia, Canada)
Can a payor impute income under Section 19 of the Child Support Guidelines? (Ontario, Canada)
What are the principles of imputation of income under s. 19(1)(a) of the BCSC? (British Columbia, Canada)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
Is a spouse entitled to a deduction under section 19 of the Income Tax Act? (British Columbia, Canada)
Can a foster parent's income be imputed in the Guideline under s. 19 of the Child Support Guidelines? (British Columbia, Canada)