What is the test for imputing income to a party for intentional under-employment?

British Columbia, Canada


The following excerpt is from K.P.O. v. C.L.O, 2017 BCSC 187 (CanLII):

The court has discretion to impute income to a party for intentional under-employment under s. 19 of the Federal Child Support Guidelines. The test is one of reasonableness having regard to the party’s capacity to earn income in light of age, education, health, work history and work availability: Marquez v. Zapiola, 2013 BCCA 433 at para. 37. I would add that the court should also consider the party’s child care responsibilities before imputing income to that party.

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