In what circumstances have courts imputed income to a payor who provides no medical evidence to support the payor's claim of not being able to work for health reasons?

Nova Scotia, Canada


The following excerpt is from Ferguson v. Ferguson, 2014 NSSC 350 (CanLII):

In Wetzel v. Quinn, 2013 NSSC 301 (S.C.) Lynch J. imputed income to a payor who provided no medical evidence to support a claim of an inability to work for health reasons. The payor mother was a teacher who elected to take an unpaid leave from work.

In Deveaux v. Deveaux, 2013 NSSC 246 (S.C.) this court imputed income to a wife who was seeking spousal support. The wife quit her job. No credible medical evidence was proffered to establish that the wife was disabled or that she was diagnosed with any illness that compromised her ability to work.

In Parsons v. Parsons, 2012 NSSC 239 (S.C.) this court imputed income to a father who failed to provide medical evidence to establish that his income earning capacity was compromised by health concerns. There was no meaningful evidence linking the father’s health needs to a reduced ability to work.

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