What is the test for imputing income to a party?
British Columbia, Canada
The following excerpt is from Pocklington v. Pocklington, 2016 BCSC 890 (CanLII):
In determining whether to impute income to a party, the test is reasonableness, having regard to the party’s capacity to earn income in light of the factors enumerated in Hanson (See Marquez v. Zapiola, 2013 BCCA 433 at para. 37).
The court in Sarro v. Sarro, 2015 BCSC 434, heard a review application about the quantum of spousal support concerning a wife who was pursuing a career as an artist. She was 49 years old, and had primary care of the children, who were 16 and 14 years of age. She had a bachelor’s degree in economics, but had been absent from the workforce for 16 years.
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