What is the effect of underemployment on the income of the respondent?
Ontario, Canada
The following excerpt is from Skinner v. Skinner, 2021 ONCA 658 (CanLII):
The motion judge also considered whether income should be imputed to the respondent with a view to assessing his support obligations. Applying Lavie v. Lavie, 2018 ONCA 10, 8 R.F.L. (8th) 14, she held that the health needs of the respondent excused his underemployment for the period from 2011 to 2018, but that there was insufficient evidence to excuse his underemployment for 2017-2018. Once the respondent’s illness was properly treated, he was able to increase his working hours.
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