What is the burden of establishing an imputation claim against a spouse who has been diagnosed with multiple sclerosis?
Nova Scotia, Canada
The following excerpt is from Waldick v. Waldick, 2011 NSSC 257 (CanLII):
The burden of establishing an imputation claim rests with the party who seeks the relief. However, once a party has proven that income should be imputed, the burden shifts to the other spouse where there is a claim that health problems compromise one's ability to work. The person claiming the health problems is, after all, the person who has access to the requisite and relevant medical information: MacGillivary v. Ross 2008 NSSC 339 (CanLII), 2008 NSSC 339 (S.C.).
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