Is this grounds for imputing income?

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My former spouse is threatening (in writing) to opt to work less so I have to pay more child support. Furthermore my former spouse has already chosen to be underemployed and opts to work less than part time hours AND is now threatening to work even less. Is this grounds for imputing income? What needs to be taken into considering with regards to imputing someone's income?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: Yes, we can seek to impute income to a spouse that is intentionally underemployed or unemployed. I assume from your question, as you say: “My former spouse is threatening (in writing) to opt to work less so I have to pay more child support” that you are the access parent. If so, then this matters in terms of the sharing of section 7 special and extraordinary expenses. I suggest that you call me at: 866.557.3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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