What is the duty of a spouse to seek employment in a case where a parent is healthy?

Ontario, Canada


The following excerpt is from Stoate v. Stoate, 2005 CanLII 13820 (ON SC):

In Drygala v. Pauli, supra, at paras. 38 to 40, Gillese J.A. stated: There is a duty to seek employment in a case where a parent is healthy. As a general rule, a parent cannot avoid child support obligations by a self-induced reduction of income. Thus, once it has been established that a spouse is intentionally unemployed or under-employed, the burden shifts to that spouse to establish what is required by virtue of his or her reasonable educational needs. There are two aspects to this stage of inquiry. The trial judge must first determine whether the educational needs are reasonable. This involves a consideration of the course of study. A spouse is not to be excused from his or her child support obligations in furtherance of unrealistic or unproductive career aspirations. But, s. 19(1)(a) speaks not only to the reasonableness of the spouse’s educational needs. It also dictates that the trial judge determine what is required by virtue of those educational needs. The spouse has the burden of demonstrating that unemployment or under-employment is required by virtue of his or her reasonable educational needs. …

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