Is a payor intentionally under-employed if the payor chooses not to work when he is capable of earning income?
Ontario, Canada
The following excerpt is from Bekeschus v. Doherty, 2011 ONCJ 232 (CanLII):
[38] The payor is intentionally under-employed if that parent chooses to earn less than he is capable of earning. That parent is intentionally unemployed when he chooses not to work when capable of earning an income: Drygala v. Pauli, supra, at paragraph [28].
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