What is the bad faith test for a payor to be found in breach of child support legislation?
Alberta, Canada
The following excerpt is from Ryan v. Ryan, 2009 ABQB 416 (CanLII):
However I conclude that I can infer this intention, even if it is not proven, if the natural consequences of the payor’s actions have the same result, and if in making that choice to change jobs, the payor ought to have realised that this change of employment has an adverse effect on the children’s support. In my opinion the bad faith test in Hunt v. Smolis-Hunt has been made out in the circumstances of this case.
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