What is the test for imputing income for intentional under-employment?
British Columbia, Canada
The following excerpt is from Oliverio v Oliverio, 2017 BCSC 1704 (CanLII):
The parties referred me to several decisions on the issue. I will refer to only one, that of Marquez v. Zapiola, 2013 BCCA 433, at para. 37: The test for imputing income for intentional under-employment or unemployment is one of reasonableness, having regard to the parties’ capacity to earn income in light of their age, education, health, work history and work availability. A spouse’s capacity to earn income will include that person’s ability to work or to be trained to work. …
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