What is the test for imputing income on behalf of a child who is not receiving education from his father?
Ontario, Canada
The following excerpt is from Alves v. Alves, 2016 ONCJ 679 (CanLII):
In Drygala v. Pauli [4], the court also set out the following three questions that should be answered by the court in considering a request to impute income: 1. Is the party intentionally under-employed or unemployed? 2. If so, is the intentional under-employment or unemployment required by virtue of his reasonable educational needs? 3. If not, what income is appropriately imputed? Relevant findings of fact with respect to the father’s income
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