Can a payor parent be held to be intentionally underemployed if he or she chooses not to work when capable of earning income?
British Columbia, Canada
The following excerpt is from R.W.L. v. L.B., 2012 BCSC 457 (CanLII):
The payor parent will be held to be intentionally underemployed if that parent chooses to earn less than he or she is capable of earning, and will be held to be intentionally unemployed if he or she chooses not to work when capable of earning an income: Hanson v. Hanson, 1999 CanLII 6307, [1999] B.C.J. No. 2532 (S.C.), at para. 13, per Madam Justice Martinson.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party intentionally underemployed or unemployed intentionally imputing income under section 19(1)(a) of the Employment Guidelines? (British Columbia, Canada)
What is the consequence if one parent deliberately prevents the other parent from exercising parenting time as stipulated in a parenting order? (British Columbia, Canada)
What is the test for retroactive child support when the payor parent is found to have earned more income than previously estimated? (British Columbia, Canada)
How is a payor's income calculated when the payor’s income has fluctuated in previous years? (British Columbia, Canada)
When assessing past loss of income or earning capacity, does the court consider past loss in income or future earning capacity? (British Columbia, Canada)
How is child support calculated in a shared parenting situation where one parent earns a large income? (British Columbia, Canada)
What factors to consider when determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
Does a post-separation disparity in income between the payor and payor spouse need to be a basis for non-compensatory spousal support? (British Columbia, Canada)
What factors have been considered in determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
What factors have been applied to determine whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
