What is the test for imputing income to a spouse intentionally under-employed or unemployed?
British Columbia, Canada
The following excerpt is from Visser v Visser, 2019 BCSC 1856 (CanLII):
Section 19(1) of the CSG provides a non-exhaustive list of circumstances where the court may impute income to a spouse, such as when the spouse is intentionally under-employed or unemployed. The court has a broad discretion to impute income to either or both spouses for the purposes of determining child and spousal support, and is not limited by the restrictions set out in ss. 16-18 of the CSG: Yeung v. Silva, 2016 BCSC 1682 at paras. 43-45.
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