What is the test for intentional underemployment under s. 19(1)(a) of the Child Support Guidelines?
Alberta, Canada
The following excerpt is from L.A.M. v. K.G.M., 2000 ABQB 80 (CanLII):
In Hunt v. Hunt-Smolis, May 12, 1998, at paragraph 123, my colleague, Madam Justice Johnstone rejects the contention that intentional underemployment under s. 19(1)(a) requires a finding that the underemployment is for the purpose of avoiding child support obligations. Rather, Justice Johnstone finds that the term “encompasses situations where a payer recklessly disregards the needs of his children in furtherance of his own career aspirations.” I agree with this wider interpretation of the word intentional and would extend the specific context of Justice Johnstone’s comment to include the furtherance of the payer’s lifestyle choice after an involuntary exit from a previous line of work.
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