What is the test for "intentionally" disentitled to be considered to be a contributory factor in determining whether a payer intentionally avoided paying child support obligations?
New Brunswick, Canada
The following excerpt is from New Brunswick (Attorney General) v Theresa, 2012 NBQB 49 (CanLII):
In New Brunswick at least, the definition of “intentionally” found in the above provision broadly captures the concept of “reasonableness” (See: D.L.M v. J.A.M. 2008 NBCA 2). In other words, apart from any evidence that a payer was deliberately under or unemployed so as to avoid support obligations, the question is also whether it was reasonable in all the circumstances for the payer to have only earned the sums reported, i.e. did he reasonably maximize his earning capacity? (See: e.g. Arbou v. Robichaud, supra).
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