Family Law Principles that we can learn from Thompson v. Thompson 2013 ONSC 5500 (Imputing Income)
Family law is an essential domain of legal practice that directly impacts the lives of many individuals, especially those dealing with divorce, child custody, and financial support arrangements. The case of Thompson v. Thompson,, provides us with valuable insights into how courts handle the complex issue of imputing income for child and spousal support.
Imputation of Income: What it Means?
In family law, to "impute" income means the court assigns an income value to a spouse when it believes the spouse is earning less than they could, intentionally or otherwise. This concept is crucial in determining both child and spousal support, as these payments are typically based on the income level of both parties.
The Ground Rules for Imputing Income
The Thompson v. Thompson case provides a clear exposition of the principles for imputing income, as outlined in Section 19 of Canada's Child Support Guidelines. According to these guidelines, the court may impute income to a spouse based on factors such as intentional under-employment or unemployment, income diversion, unreasonable expense deductions, and more. Essentially, it provides the court with the discretion to ensure a fair child or spousal support outcome based on the spouse's potential earning capability rather than their declared income.
The Onus of Proof
A critical point to note is the onus of proof. In original proceedings, the party requesting to impute income must establish the grounds for this request. However, the support payor has an obligation to disclose all information relevant to their income, income-earning potential, and efforts made to maximize their income. This obligation underscores the importance of transparency and full disclosure in family law cases.
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