Can a court impute income from a parent who is intentionally unemployed?

Ontario, Canada


The following excerpt is from Akhtar v. Khalid, 2018 ONCJ 841 (CanLII):

The court in Drygala v. Pauli[7] interpreted this clause to indicate that there is no need to find a specific intent to evade child support obligations before income can be imputed. There is no element of bad faith. A parent is intentionally unemployed where he or she chooses not to work when capable of earning an income. The court further held that, in consideration of what income should be imputed, a court should consider what is reasonable in the circumstances. Factors to be considered are age, education, experience, skills and health of the parent, availability of job opportunities, and the number of hours that can be worked in light of the parent’s overall obligations including educational demands and the hourly rate that a parent could reasonably be expected to obtain.

Other Questions


When imputing income is imputed in an original order, can the payor continue to impute income? (Ontario, Canada)
When imputing income based on intentional under-employment or unemployment, what factors must a court consider? (Ontario, Canada)
In what circumstances will a court imputed a higher income due to the fact that expenses which had been deducted from the income statement were not deducted? (Ontario, Canada)
What is the test for imputing income on the basis of intentional under-employment or unemployment? (Ontario, Canada)
What is the test for imputing income from a party who is intentionally unemployed or underemployed? (Ontario, Canada)
If a parent is intentionally undereployed, is it a bad faith or intention to evade support obligations inherent in intentional underemployment? (Ontario, Canada)
What is the range of income impute by a judge when it is difficult to impute income to a recipient? (Ontario, Canada)
When will a court impute income to a parent who is unable to find employment to meet child support obligations? (Ontario, Canada)
When will a court order a person to pay child support based on imputed income rather than their actual income? (Ontario, Canada)
Is intentional unemployment defined as intentional unemployment? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.