Is a parent intentionally underemployed if that parent chooses to earn less than he or she is capable of earning?
Ontario, Canada
The following excerpt is from Kerr v. Panaccione, 2018 ONSC 7061 (CanLII):
The Ontario Court of Appeal in Drygala v. Pauli, 2002 CanLII 41868 held at paragraphs 28 and 29 that a parent is intentionally underemployed if that parent chooses to earn less than he or she is capable of earning and that there is no requirement of bad faith before income can be imputed.
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