How has the court dealt with a claim for minimum wage imputing income against the payor?

Ontario, Canada


The following excerpt is from Jama v. Mohamed, 2015 ONCJ 619 (CanLII):

[91] The court also considered the case of Mohamed v. Abdilurazak, [2001] O.J. No. 2952 (OCJ). In Mohammed, the City was the assignee of child support and sought child support against the payor. The payor did not defend the claim and filed no financial information. The City asked the court to impute a minimum wage to him. The only evidence before the court was that the payor was on social assistance. The court did not grant the order because the payor was in receipt of social assistance and there were no exceptional circumstances upon which to make a support order. It made no sense that the City was seeking to impute income to the payor at the same time as it was paying him benefits. The court suspended the court order until such time as the payor was no longer on social assistance.

Other Questions


When imputing income is imputed in an original order, can the payor continue to impute income? (Ontario, Canada)
Can a payor be imputed income to the payor if he voluntarily retired to frustrate a material change order? (Ontario, Canada)
What is the test for imputing income imputed to the recipient wife in a spousal support claim? (Ontario, Canada)
When will a court order a person to pay child support based on imputed income rather than their actual income? (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)
Is it possible for a party seeking to impute income to get to the first step, laying the evidentiary foundation, where the party against whom they are seeking to be imputed makes little or no financial disclosure to the court? (Ontario, Canada)
Does a court have to impute income to a support payor? (Ontario, Canada)
What is the range of income impute by a judge when it is difficult to impute income to a recipient? (Ontario, Canada)
Can a court impute income on a motion? (Ontario, Canada)
Can a family corporation be imputed on income imputation if it has not provided additional benefits? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.