What is the test for imputing income to either or both spouses under child support guidelines?
British Columbia, Canada
The following excerpt is from M.R.L. v. J.A.L., 2020 BCPC 23 (CanLII):
The court has a broad judicial discretion to impute income, pursuant to s. 19 of the Child Support Guidelines (the “Guidelines”), to either or both spouses. It is the party seeking to have income imputed to the other party who has the burden of proof. There must be an evidentiary basis for the court to impute income to the party [see Marquez v. Zapiola, 2013 BCCA 433 at paragraph 36].
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