What is the test for imputation of higher income on behalf of a payor?
Alberta, Canada
The following excerpt is from Ryan v. Ryan, 2009 ABQB 416 (CanLII):
It is correct that the decision of our Court of Appeal in Hunt v. Smolis-Hunt allows for the imputation of higher income only where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations, or where there is demonstrated proof of a specific intention to undermine or avoid child support obligations, or circumstances which permit the court to infer that the intention of the obligor is to undermine or avoid his/her child support obligations.
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