How much income is imputed to a payor who is unemployed or underemployed due to their own misconduct or fault?

[90] This court recently reviewed the law about imputing income to support payors who are unemployed or underemployed due to their own misconduct or fault in Tahir v. Khan, 2021 ONCJ 1, at paragraphs 42 to 59. In short, the case law gives the court considerable discretion about how much income to impute to such payors. In exercising that discretion courts must decide how to allocate the consequences of the payor’s poor decisions. The children and the recipient are the innocent victims. However, at a certain point, an existing order can become unrealistic and unjust due to a payor’s changed circumstances – no matter if those changed circumstances were caused by their misconduct or fault. The court should conduct a contextual examination of all the circumstances in determining the support amounts it should order. 7.3 Analysis