(905) 415-1636

Imputing Income for the Intentionally Underemployed

In this case, the mother was asking the court to impute an income of $100,000.00 to the father for the purposes of determining temporary child support on a Motion.

According to his income tax returns, the father’s income left him well below the poverty line. However, he was a highly-skilled manager, financial advisor and insurance salesperson with years of experience who paid approximately $3,000.00 per month in expenses, who only applied for one job over the past six years, and who earned $150,000.00 in years prior to separation.

After determining that the father was intentionally underemployed and that he did not disclose his full income, Justice Sherr imputed him an income of $45,000.00.

In determining this amount, Justice Sherr allowed government reports that listed average salaries for different types of employment in as evidence. However, the father was imputed an income far below the reported average income for insurance salespersons and financial advisors because the father was 60 years old, had not worked for anyone other than himself for several years and, as such, would likely not earn as much as an average insurance salesperson or financial advisor as soon as he re-entered the job market.

Justice Sherr noted that the trial judge would likely attribute a higher income to the father after a full hearing of the facts and pointed out that this judgement might be difficult to enforce because the father was in breach of Support Orders made after the breakdown of a previous relationship.

More From the Feldstein Blog

Ontario Family Law, Translated

The statute is dense. The stakes are personal. These articles unpack the parts clients ask about most.

Feldstein Family Law Group, P.C.

The Law Is Complex.
The First Step Isn't.

Free, confidential consultation with an experienced Ontario family law lawyer. One call can change everything.

Markham · Oakville · Mississauga · Vaughan

Call (905) 415-1636

Responses within one business day — often the same day.

Our Offices

Serving Families Across Ontario & the Greater Toronto Area

Four Feldstein Family Law Group offices across the GTA — close to where our clients live, work, and raise their families.

Markham

20 Crown Steel Dr Suite 8
Markham, ON L3R 9X9, Canada

Map & Directions

Mississauga

3464 Semenyk Ct Suite 213
Mississauga, ON L5C 4P8, Canada

Map & Directions

Vaughan

3865 Major MacKenzie Dr W Suite 107
Vaughan, ON L4H 4P4, Canada

Map & Directions

Oakville

209 Speers Rd Suite 5
Oakville, ON L6K 0H5, Canada

Map & Directions

Communities We Serve

Feldstein Family Law Group represents clients across the Greater Toronto Area — including Toronto, Markham, Oakville, Mississauga, Vaughan, Richmond Hill, Thornhill, Unionville, Stouffville, Aurora, Newmarket, Brampton, Etobicoke, North York, Scarborough, Burlington, Milton, Georgetown, Woodbridge, Maple, King City, and the surrounding communities of York Region, Peel Region, Halton Region, and Durham Region.