No announcement yet.

Filing a motion to impute income

  • Filter
  • Time
  • Show
Clear All
new posts

  • Filing a motion to impute income

    From what I have read minimum wage is what is imputed on those out of work and with an education unless they just left some other job.

    When a person claims to be too "sick" for work because they are depressed or whatever other mental ailment they can come up with that can't be proven to be false. Is there a measuring stick for that?

  • #2
    Income will be imputed at whatever they have been capable of making in the past, unless they can present a valid reason why they are no longer able to make that much. But yes, at least minimum wage.
    They can claim some sort of illness and delay proceedings with that for a while but ultimately if they can’t show the proof then a judge will move forward and impute income.


    • #3
      The proof of medical exemption to work is quite high, and the 2019 changes to Rule 20 differentiate the types of experts. So even if they submit a third party report they are unable to work for medical reasons you can challenge that and challenge the expert’s ability to make that determination. The question would also be, if they are that sick, why are they not on an income support program and aggressive medical care to improve their health.

      Write up a basic resume for them - education and experience, and see what jobs they are qualified for (lots of different job boards to check). Make a
      Chart summarizing your finding with the actual job listings attached (judges prefer one-page easily digestible summaries) That will give the court a baseline of salary to consider.


      • #4
        thank you selfRepMom.
        Thank you tilt. That will be an important read for me.


        • #5
          It can be a high hill to climb to show that a person can no longer work due to medical issues. My ex has been deemed to be catastrophically brain damaged in another court and awarded a multimillion dollar settlement. However, he was working and making good money while brain damaged for many years. I have copies of extensive medical testing by psychiatrists, physiatrists, Nuevo-psychologists, and other brain injury specialists. All of the reports outline his deficits in great detail, however, not one single report has indicated that he can not work or can not return to the high paid work he was doing previously! We have successfully used these same reports that designate him as catastrophic to point out he can return to work but has chosen not to ( he has not been deemed incapable and has not had a guardian appointed, therefor he remains his own decision maker).

          So if my ex, whom another court deemed to be catastrophically injured, is deemed to be capable to work by family court then the chances are high your ex will be too and income will be imputed!


          Our Divorce Forums
          Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.