Imputing Income where a Party Leaves their Job due to Depression – Commentary on Culbert v. Culbert

Culbert v. Culbert is a decision about imputed income for support purposes written by Justice Thorburn. In this case, the father resigned from his managerial job earning one hundred and seventy-five thousand dollars in order to become a woodworker earning thirty-three thousand dollars. Income was imputed to him at seventy-five thousand dollars, based on what he could earn working in his field, but not at a managerial level. In rendering its decision the court examined the fathers pre-existing medical conditions including depression, anxiety attacks and type-two diabetes. Justice Thornburn found that father had met the burden of showing that the underemployment was due to his health. The father’s conditions together with the stress of his job and a confrontation with his supervisor rendered him unable to hold that particular job.
Categories:

Take The First Step

Fill out the form below to begin your free consultation with
one of our experienced lawyers or call us at (905) 581-7222.

    • Please enter your first name.
    • Please enter your middle name.
    • Please enter your last name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please make a selection.
    • Please make a selection.
    • Please make a selection.
Put Us On Your Side