Case Law - Imputed income on recipient

[Links17]

I'm looking for good cases in canlii where recipients have income imputed to them.... anybody got any?

[Links17]

Shared parenting is fine.... so in sole custody situations recipients never get income imputed against them.... wow....

[sahibjee]

Shared parenting is fine.... so in sole custody situations recipients never get income imputed against them.... wow....

looks like it, i have been trying to find such a case for a while now too.

[Links17]

I misunderstood then.... I thought you said that if a parent has sole residence then they mostly never get income imputed against them.

[Nadia]

I believe in cases where one parent has sole custody (and has the children the majority of the time), special section seven expenses are the only circumstances in which an income is imputed to the receipient parent.

[NBDad]

It's...difficult...at best.

Read section 19 of the guidelines. You have to be able to show willful unemployment or underemployment, which can be a serious pain in the ass, especially if the other party likes to play games.

Drygala v. Pauli: CanLII - 2002 CanLII 41868 (ON CA)

That's one of the more referenced cases on this topic.

[Links17]

So A super incentive for a low potential earning spouse to keep the kids, now i understand why my ex doesn't bother working and is holding on to the kids against shared custody....

[NBDad]

How long have you been in the court process?

Figured that was common knowledge man.

Kids = Money, especially if you are a low income earner.

Single parent with 2 kids nets the equivalent of around 30,000 net/year...on social assistance....

If you have an ex-spouse who actually has a good job, the cost/benefit ratio is even MORE skewed.

[sahibjee]

CanLII - 2009 CanLII 22576 (ON SC)
here you go, but please note that in this case the judge clearly stated

[13] The court may impute income to a spouse where that spouse has failed to provide the requisite income information, as in this case. That includes copies of tax returns and notices of assessment for the last three taxation years, as well as financial statements for the Respondent’s business for the last three years.
[14] Because she has failed to do so, I must now order that the Respondent deliver to the Applicant within 30 days:
(a) documentary evidence of her efforts to maximize income and become self supporting;

(b) all financial statements from her business as a dance and yoga instructor;

(c) all of her personal and business bank statements from 1 January 2007 to date;

(d) her tax returns and notices of assessment* for 2007 and 2008; and

(e) documentary proof of all date of marriage deductions claimed by her.

so if the reasons are not applicable to your case, it wont be very beneficial to reference this particular case