How has the court declined to impute income to the recipient on a temporary support application?
Ontario, Canada
The following excerpt is from Gannon v. Gannon, 2021 ONSC 7160 (CanLII):
Kiteley J. declined to impute an income to the recipient. At ¶ 53-54, she noted that many of the decisions that had been supplied to her were trial decisions, or decisions where income had been imputed to a support payor. She then said, “[o]n a motion for temporary support the task of imputing income to the support recipient requires an in-depth analysis as to ability to earn more professional income or in investment income. It is contrary to the expectations on a motion for temporary support for the court to undertake that analysis.” In this regard, her reasoning also aligns with ¶ 14(3.) of Politis v. Politis.
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