The Ontario Court of Appeal in Drygala v. Pauli (2002), 61 O.R. (3d) 771, at para. 23, set out a three-part test for determining whether income should be imputed on the basis of intentional under-employment or unemployment as follows: 1. Is the spouse 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 the answer to question #2 is negative, what income is appropriately imputed in the circumstances?
"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.