What is the test for imputing income to a spouse under the Child Support Guidelines?
British Columbia, Canada
The following excerpt is from E.D.A. v. M.A.A., 2014 BCSC 1084 (CanLII):
Section 19 of the Guidelines confers a broad discretion on the court to impute income to a spouse, and provides a non-exhaustive list of circumstances where income may be imputed: Ouellette v. Ouellette, 2012 BCCA 145 at para. 66. Section 19(1)(d) of the Guidelines permits the court to impute income where it appears that income has been diverted which would affect the level of child support to be determined under the Guidelines. Under s. 19(1)(f), the court may impute income to a spouse where a spouse has failed to provide income information when under a legal obligation to do so. Section 19(1)(g) permits the court to impute income where the spouse unreasonably deducts expenses from income.
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