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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #1  
Old 04-15-2019, 01:32 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Default Evidence to impute income

What evidence do I need to show to prove the other party should have income imputed to them. The settlement conference judge said printouts from employment websites (indeed, workopolis, etc) is not enough.
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Old 04-15-2019, 02:43 PM
StillPaying StillPaying is offline
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There are 3 steps. You need to prove that they can and should be working. Then it's on them to prove why not. If they're found intentionally under/ unemployed, then it'll come down to what the amount should be.
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Old 04-15-2019, 02:50 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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That's just it. What do I have to show the judge to prove that the other party is underemployed? I don't know what kind of paperwork to provide.
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Old 04-15-2019, 02:57 PM
StillPaying StillPaying is offline
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Health, education, work experience, training, resume, kids are in school, etc....

Are they working, in school... what are they making now, what did they make before.

You tell me. Why are they underemployed?
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Old 04-15-2019, 03:01 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by StillPaying View Post
Health, education, work experience, training, resume, kids are in school, etc....

Are they working, in school... what are they making now, what did they make before.

You tell me. Why are they underemployed?
Good health, college diploma, laid off numerous times because of the job market, never upgraded, i have their resume (just not sure what to do with it. i'm not a headhunter. lol), 4 kids all still in school. I feel they are not making enough in their field yet they claim they haven't upgraded so they are still considered "entry level" in their field and can't make what I want to impute to.
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Old 04-15-2019, 03:04 PM
rockscan rockscan is offline
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There is a case that is referred to by the court for intentional under employment—drygala v pauli. Review that on canlii.

You can request what they are doing to become employed or what they have done. For instance evidence of job search efforts.
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Old 04-15-2019, 03:07 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by rockscan View Post
There is a case that is referred to by the court for intentional under employment—drygala v pauli. Review that on canlii.

You can request what they are doing to become employed or what they have done. For instance evidence of job search efforts.
They did provide job search efforts but most of the jobs aren't in their field. They said that they tried looking in their field and couldn't find anything so they started looking for other jobs outside their field because they need to work but those jobs outside their field pay considerably less.

I will check out the case you are referring. Thank you.
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Old 04-15-2019, 03:10 PM
StillPaying StillPaying is offline
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It'll come down to what's reasonable. Have they always been in the same field. How long. What's their plan to get out of entry level and make the most they can for their kids.

People are allowed to go back to school, or take a lower level job, but there needs to be an active plan for the better. If they're happy only at every level you'll have an easier time imputing income, but you'll need an expert witness to show what someone in their field, experience, should make.
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Old 04-15-2019, 03:11 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by StillPaying View Post
It'll come down to what's reasonable. Have they always been in the same field. How long. What's their plan to get out of entry level and make the most they can for their kids.

People are allowed to go back to school, or take a lower level job, but there needs to be an active plan for the better. If they're happy only at every level you'll have an easier time imputing income, but you'll need an expert witness to show what someone in their field, experience, should make.
Expert witness is an issue too. Who would that be? I find no one wants to get involved in these types of issues
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Old 04-15-2019, 03:14 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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What about inflation? Is that considered? Their income when were together was about 50K but with the online inflation calculator I found they should be making more like 85K.

So sorry for all the questions
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