Can a court find intentional under-employment in the context of child support claims?
Ontario, Canada
The following excerpt is from C.A.S. v. N.A.S., 2014 ONSC 6201 (CanLII):
The Appellant relies on the principles in Drygala v. Pauli[4] in which the court found that intentional under-employment may be found where a support payor chooses to earn less than what they are capable of earning. No specific finding of bad faith or an intent to evade child support is required.
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