Impute income

[Moolight]

Hi, i would like to know how a judge would go about imputing a income.

My STBX is well educcated, healthy and use to make over 100k a year. He has never been unemployed during the mariage.

He lost his job in 2010 for cause, got EI for 52 weeks and still determined in saying that he is not able to find work.

He is claiming currently a zero, he claim that he has been living of his capital. I bought him out the MH so that contributed to his capital.

How do I go about proving that there is work out there that he can do, and he is purposely creating the need for spousal support to get back at me.

Does the fact that he just bought a new vehicule count in the eyes of the judge?

Thanks in advance for any input.

[winterwolf7]

We'd need more background. How and why is he entitled to spousal support to begin with? Do you have a court order or agreement already in place? How long was the marriage? When did you split up? Did he lose his job before or after separation?

Spousal support has 2 elements, a "compensatory" aspect in order to "pay back" what a partner lost in employment income due to events during the marriage, and a "need" aspect showing that the recipient really needs the money to have a decent standard of living.

If he was making more than 100k per year and you are still paying him spousal, what kind of insane living are you making?? You'd have to be making at least 150k for the SSAG to indicate any amount as far as I recall.

[Moolight]

Mariage was 16 years. We both were employed, he inially had lower salary then for the last 14 years, it was higher than mine.

To clarify, I am currently not paying any SS, he has been after me agressively and requesting to be retroactive. I have been refusing to give in so far and will like to know what to expect in preparation for the trial.

There is no court order, we had 2 CC and one SC and now facing trial in the fall.
We only manage to have a partial agreement to basically settle the MH and chattels. I bought him out the MH by giving him 200k.

Separation date was in March 2010 and he lost his job in November 2010.
He received UI for 52 weeks. He claims that he has a need and still unable to find work. He is currently claiming a zero income. Mine has since went up and is about 95k.

[blinkandimgone]

Lols, of course you do. Nothing in their marriage contributed to him having a lower income. He didn't make any sacrifices to his education or career to accomodate the marriage & family AND lost his job post seperation due to his own actions.

Doesn't sound like much of a case for ss TO me. Would you say the same if the genders were reversed?

[Moolight]

i think you should pay until he finds work seems fair to me.

Maybe I should also quit my job. Then who will support my children!

If he really wanted to work, he would have found something right away.
He has an valid RN license to practice in Ontario. There is plenny of jobs in that field.

[WorkingDAD]

Here is something to read.

This should give you an idea

William H. Abbott, Partner


IMPUTING INCOME UNDER THE CHILD SUPPORT GUIDELINES
By William Abbott and Gary Joseph
MacDonald & Partners LLP