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Old 08-09-2011, 01:51 PM
HammerDad HammerDad is offline
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Join Date: May 2010
Location: Hamilton
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Originally Posted by rotor2- View Post
PS....what is this all about??.....Get her income imputed to full time hours @ min wage for the purpose of spousal/CS determinations.
What is being said is that your ex cannot have an income of zero as their child is entitled to be supported by BOTH parents. Even if she has zero job skills she is still capable of getting a McJob or serving coffee.

Where you have an ex with marketable skills, you can motion the court to impute their income at a reasonable amount they should be capable of making based off of location and experience. Where they have no skills, as I pointed out, they are still capable of getting a min-wage job.

To sum it up, where you have an ex who either:

a) unreasonably refuses to be employed at a level equal to their skill set; or

b) refuses to be employed entirely (where they have no skills),

you can file a motion the court to request that the court impute your ex's income to either:

a) the amount their skill set could reasonably obtain; or

b) full time minimum wage ($10/h x 2000 hours a year = $20,000 = $172 a month for one child in Ontario.

Edit - once you have an order establishing their income, you can then file it with FRO (or your provinces equivalent) and have her income garnished and should she fall into arrears, she would be subject to the same punishments as any other non-payor.

Last edited by HammerDad; 08-09-2011 at 01:53 PM.