What is the test for an employment application where the payor is intentionally unemployed or under-employed?
Ontario, Canada
The following excerpt is from Carter v. Spracklin, 2012 ONCJ 193 (CanLII):
[32] The second part of the test in Drygala v. Pauli, supra, is: “If the payor is intentionally unemployed or under-employed, is this by virtue of his/or her reasonable educational needs, the needs of the child of the marriage or reasonable health needs”? The onus to establish the reasonableness of the excuse is on the payor.
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