What is the test for a motion to change income imputed to the payor at the original hearing?
Ontario, Canada
The following excerpt is from Armstrong v. McCusker, 2017 ONCJ 592 (CanLII):
There is a strong presumption that findings of fact made at the hearing of an original application, even if made on a default basis, will not be disturbed on a motion to change. This was discussed in Trang v. Trang, 2013 ONSC 1980, although in the context of a motion to change dealing with child support, where a payor was trying to change income imputed to him at the original hearing. See paragraphs 59 and 60 of that decision.
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