Imputation of Income

[Serenityk411]

Spouse is a qualified accountant claiming very small income lower than that of a minimum wage worker. Already received small imputation to bring up to minimum wage. It is so embarrassing the tactics being used. Disclosures received.

1.What are some pertinent points I should be noting to have a judge further impute income when it appears they are intentionally under employed.

2. Can a valuation by reputable forensic firm based on experience, education and length of time since business established help with imputation? Highlighting what their true earning potential should be?

3. Can recommendations be made for reasonable accountant/s on this site? Forensic accounting can be so costly. The book value is not very large.

[arabian]

I came across this case today in CanLii

https://www.canlii.org/en/bc/bcsc/do...&resultIndex=6

You can see how a judge "did not" impute income to this accountant in this case

Here is another case of people obviously "living large" and the wife trying to get a large income imputed to ex. Interesting to see how the judge wades through the fiction:

https://www.canlii.org/en/on/onsc/do...&resultIndex=9

[Serenityk411]

Imputation of Income

Thank you very much for your response. I found the information very valuable. Though I know each case is slightly different depending on circumstances.

What recourse do I have in a situation where spouse (accountant) claiming low income (and was already imputed income) informs the Judge that they should be getting employment soon. Now that I received their financial disclosure I discover that even at that Motion they had already received an offer letter for employment and did not disclose this at the time so adjustments could be made to child support.

Furthermore, after working a few months in what can be deemed a stable job with a reputable company in a role that aligns with their current experience besides being an accountant, and also one that had the potential to become permanent, they resign for no good reason to continue their self-employed practice as an accountant and still claiming that they are struggling to get the business up and running. The practice was established over 6 yrs now.


I have an upcoming Motion and need to bring a strong case for further imputation. I am currently paying temporary child support. I am so tired of all the lies.

Any advice would be greatly appreciated.

[Links17]

Job Posting, Canadian government statistics, past job history

[arabian]

I would think that the fact that he worked and quit a job could be important to show his actions were "blameworthy" and support your position that income be imputed.

Here is a case which might be of interest to you:

https://www.canlii.org/en/on/onsc/do...&resultIndex=1

"... has been intentionally under-employed since separation. He did this quite explicitly because he wanted time to pursue his entrepreneurial ventures. However, he has been operating Everyday Oil for 10 years and it has yet to make a profit. This is a classic case, in my view, of a party who has persisted in un-remunerative employment or pursued unproductive career aspirations. A self-induced reduction of income of this kind is not a basis upon which to avoid or reduce support payments."

[Serenityk411]

Thanks Arabian. That case you provided was very appropriate and will certainly use it. I have a few more questions:

1. Is the Family Law Judge prevented from making an Order in the course of a settlement conference? Suppose if my spouse and I (both unrepresented cannot come to an agreement on custody issues. Ex wants shared custody and I want joint with every other weekend. We are currently in a temporary shared 2/2/3 arrangement.

2. If I am seeking Imputation of Income for Ex can this only be seeked only by bringing a Motion and not through the Settlement Conference process?

We have a long Motion coming up so I want to know if I should being a cross Motion for Imputation.

Thanks

[good_mom]

After reading your last post, why you would not support 50/50 access?

This give the impresssion that this is all being done for money and not best interest of the child(ren).

Must take into consideration that there has been a change and other party is adjusting to be able to parent at 50/50. This can mean that working self-employed supports this. Just a thought not very much details to go on in the post.

[arabian]

I believe that at settlement conference the judge may make procedural Orders (financial disclosure, for example). However, whether they (judges) do or do not is another thing.... (check LF32's recent posts).

Imputing of income is typically done on motion or at trial.

Settlement conference judges do not typically make Orders on anything that can affect a trial or motion judge's determination of child custody.

[Berner_Faith]

Thanks Arabian. That case you provided was very appropriate and will certainly use it. I have a few more questions:

1. Is the Family Law Judge prevented from making an Order in the course of a settlement conference? Suppose if my spouse and I (both unrepresented cannot come to an agreement on custody issues. Ex wants shared custody and I want joint with every other weekend. We are currently in a temporary shared 2/2/3 arrangement.

2. If I am seeking Imputation of Income for Ex can this only be seeked only by bringing a Motion and not through the Settlement Conference process?

We have a long Motion coming up so I want to know if I should being a cross Motion for Imputation.

Thanks

I also have to ask why you are against shared? Unless the other parent it a harm to the child what reasons do you have? Remember, any offer you put forth to the other party you should be prepared to accept yourself. If you believe joint and every other weekend is good for the other parent, you must think it is good for you as well?

I don't believe at a SC a judge will make any sort of order unless agreed upon by both parties. It seems your reasoning for wanting the other parent to have EOW is so you don't have to pay CS... that is just as bad, if not worse than the other parenting not disclosing true income.

I would focus on the other parents true income and not try to take parenting time away from them.