What is the test for imputing income on behalf of a child with special educational needs?
Ontario, Canada
The following excerpt is from V.D. v. A.L., 2015 ONCJ 367 (CanLII):
[119] The Ontario Court of Appeal in Drygala v. Pauli set out the following three questions which should be answered by a court in considering a request to impute income: 1. Is the party intentionally under-employed or unemployed? 2. If so, is the intentional under-employment or unemployment required by virtue of his or her or the child’s reasonable educational needs? 3. If not, what income is appropriately imputed?
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