Can a court impute income for intentional under-employment even without finding that there was bad faith on the part of the payor?
British Columbia, Canada
The following excerpt is from S.L.C. v. C.J.R.C., 2014 BCSC 1814 (CanLII):
The court can impute income for intentional under-employment even without finding that there was bad faith on the part of the payor. The question is whether the payor is earning what the payor is capable of earning. See Barker v. Barker, 2005 BCCA 177 at para. 19, and Koch v. Koch, 2012 BCCA 378 at para. 38.
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