Evidence to impute income

A

AlmostThere_Hopefully

New member
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.
 
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.
 
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?
 
StillPaying said:
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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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.
 
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.
 
rockscan said:
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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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.
 
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.
 
StillPaying said:
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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Expert witness is an issue too. Who would that be? I find no one wants to get involved in these types of issues :(
 
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
 
An experienced headhunter maybe, or an expert in whatever fields they're in. I'm not sure. I didn't have one so my trial judge could only impute full time minimum wage.
 
If this is a female spouse who has been at home with the kids you may have an uphill battle too. While you are in canlii you may want to search of imputed income and see the details of the case.

There are many different ways and reasons courts either do or dont impute. You need to do some research on case law for your understanding and then go from there.

Truly your expert witnesses would be doctors or employment counselors.
 
rockscan said:
If this is a female spouse who has been at home with the kids you may have an uphill battle too. While you are in canlii you may want to search of imputed income and see the details of the case.

There are many different ways and reasons courts either do or dont impute. You need to do some research on case law for your understanding and then go from there.

Truly your expert witnesses would be doctors or employment counselors.
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This is great. Thanks all!
 
something good to present would be a loan or credit application where the other person indicates employment dates and/or income and then signs the application.

If the field they are certified in is something like Nursing then there is plenty of salary information online - just check with job/career section of your local hospital which offer both part and full-time.

Same applies to other fields.
 
AlmostThere_Hopefully said:
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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Someone correct me if I’m wrong but shouldn’t your goal be to impute income based on what they are CURRENTLY capable of making? Not “what I want to impute”?

Based on that logic all support payers would technically be on the hook for a lot more- because let’s face it, almost every position can be upgraded from.

Ex: If your ex worked as a chartered accountant at a large corporation and then coincidentally decided it was too much of a work load when you got divorced and began working as a bookkeeper for a small business, then you would have a case. If your ex has always been employed as an entry level bookkeeper even while you were together, I don’t think any judge would order them to go back to school and upgrade, just so they can pay more support? But perhaps I’m wrong?

Imputing income is mainly for:
-Self Employed people who are under reporting their income
-People working for cash/under the table
- People who claim they are sick/have a disability/etc that “prevents them from working” (when they in fact don’t)
-People who go back to school and claim they can’t pay anything at all
- Or as stated above, people who have purposely underemployed themselves/taken a step down from what they used to make

Has your ex filed full financial disclosure yet? Do you have ROE’s/paystubs/income tax? Do you feel that they are straight up lying about how much they make? If so, why?

I am currently in the midst of attempting to impute income on my ex.

I recently got an order for him to provide:

-Detailed medical analysis about why he can’t work... which I will never get because I know it does not exist
-An award settlement order he recently received
- last -12 months of bank statements (this can be a very helpful one if supplied)
- Affidavits/ROEs/Paystubs from all income sources he was previously saying did not exist but actually do
 
Selfrepmom said:
Someone correct me if I’m wrong but shouldn’t your goal be to impute income based on what they are CURRENTLY capable of making? Not “what I want to impute”?

Based on that logic all support payers would technically be on the hook for a lot more- because let’s face it, almost every position can be upgraded from.

Ex: If your ex worked as a chartered accountant at a large corporation and then coincidentally decided it was too much of a work load when you got divorced and began working as a bookkeeper for a small business, then you would have a case. If your ex has always been employed as an entry level bookkeeper even while you were together, I don’t think any judge would order them to go back to school and upgrade, just so they can pay more support? But perhaps I’m wrong?

Imputing income is mainly for:
-Self Employed people who are under reporting their income
-People working for cash/under the table
- People who claim they are sick/have a disability/etc that “prevents them from working” (when they in fact don’t)
-People who go back to school and claim they can’t pay anything at all
- Or as stated above, people who have purposely underemployed themselves/taken a step down from what they used to make

Has your ex filed full financial disclosure yet? Do you have ROE’s/paystubs/income tax? Do you feel that they are straight up lying about how much they make? If so, why?

I am currently in the midst of attempting to impute income on my ex.

I recently got an order for him to provide:

-Detailed medical analysis about why he can’t work... which I will never get because I know it does not exist
-An award settlement order he recently received
- last -12 months of bank statements (this can be a very helpful one if supplied)
- Affidavits/ROEs/Paystubs from all income sources he was previously saying did not exist but actually do
Click to expand...


I have their resume but have no idea what to do with it. Lol. I've spoken to 2 different headhunters after they reviewed the resume and I got 2 totally different salaries. So I have no clue how this works and how to prove what they should be making. They have filed disclosure but their income still seems quite low to me.
 
At least your ex is trying to find work. You may have to accept that what they are making (more the minimum wage?) is what it is for right now. They may be right and they may not have all the qualifications to make the money that you think they should be making.

What is the average of their last three years income? What do they currently make now? If its close I doubt a judge will impute a higher income because you think they should be making more. Tome the judge will put more weight on what what they were making.
 
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