What is the test for imputing a spouse's income?
Ontario, Canada
The following excerpt is from M.P. v. M.P., 2020 ONSC 4559 (CanLII):
A party seeking to impute income must establish an evidentiary basis that the other party is intentionally under-employed or unemployed: Homsi v. Zaya, 2009 ONCA 322 at para 28. Once this is shown, the onus shifts to the other party to show what is required by virtue of his or her reasonable educational needs: Drygala at para 38. Where a party is intentionally under-employed, the court may exercise its discretion to determine what amount should be imputed by factoring the spouse’s age, education, experience, skills and health: Drygala at para 45; Lavie, at para 32.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When imputing income is imputed in an original order, can the payor continue to impute income? (Ontario, Canada)
What is the test for imputing income on behalf of a spouse who is an under-employed spouse? (Ontario, Canada)
Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage? (Ontario, Canada)
What is the test for imputing income from self-employment on a spouse's income tax return? (Ontario, Canada)
What is the range of income impute by a judge when it is difficult to impute income to a recipient? (Ontario, Canada)
What is the test for imputing income from a spouse when they are under-employed? (Ontario, Canada)
What is the test for imputing income to a spouse who is intentionally under-employed? (Ontario, Canada)
Can a court impute income to a spouse who chooses to work less than he or she is capable of earning? (Ontario, Canada)
What is the test for imputing income imputed to the recipient wife in a spousal support claim? (Ontario, Canada)
How is impute income imputed in a personal injury case? (Ontario, Canada)
