Overview
- Courts can assign an earning capacity higher than reported income when a parent is voluntarily underemployed or unemployed. The test is whether the parent could earn more given their age, education, skills, and work history.
- Common imputation scenarios: quitting a job to reduce support, taking early retirement, working part-time when full-time is available, and hiding income through a corporation.
- To model imputed income in the calculator, simply enter the imputed figure as the parent’s income and compare the results side by side with the reported income scenario.
On this page
What happens when a parent who earned $80,000 suddenly reports income of $30,000 after separation? Or when a parent works three days a week despite being qualified for full-time employment? Courts do not simply accept reported income at face value. Section 19 of the Federal Child Support Guidelines gives courts the power to "impute" income — to assign an earning capacity that reflects what the parent could reasonably earn, rather than what they choose to report.
What Imputation Means
Imputing income means substituting a parent's reported income with a higher figure that reflects their actual earning capacity. The imputed amount is used for the child support table lookup and the SSAG spousal support calculation as if it were real income. The parent's support obligation is calculated on what they could earn, not what they choose to earn.
When Courts Impute Income
Section 19(1) of the Federal Child Support Guidelines lists several grounds for imputation. The most common are:
THE IMPUTATION FACTORS
Courts assess earning capacity by considering: the parent's age, education, and qualifications; their employment history and track record of earnings; the local job market and available positions; any health conditions that limit their ability to work; and the reasonable expectations of the family had it remained intact.
Common Scenarios
Dvorce.ca calculates the real after-tax picture for both parties
try it freeHow to Model Imputed Income in the Calculator
INCOME COMPARISON
BC · 1 Child · Shared 50/50
REPORTED INCOME
$45,000
Child Support
$154
Spousal Support
$0
Total
$154/mo
IMPUTED INCOME
$65,000
Child Support
$351
Spousal Support
$131
Total
$482/mo
Difference: +$328/mo in total support
The calculator does not need an "imputed income" toggle. Imputation is a legal determination about which income figure to use — the calculator computes support at whatever income you enter. Run two scenarios: one with the parent's reported income, one with what you believe their earning capacity to be. The difference between the two results is exactly what is at stake in the imputation argument.
SEE THE DIFFERENCE WITH YOUR NUMBERS
Enter your actual incomes to see what imputed income would mean for your support amount. Compare the two scenarios side by side — that dollar difference is the number to bring to your lawyer or mediator.
Burden of Proof
The party seeking imputation generally bears the burden of proving that the other parent is underemployed or has unreported income. However, once a prima facie case is made (e.g., showing the parent's historical earnings or qualifications), the burden can shift to the underemployed parent to explain why their current income is reasonable. Courts have noted that a parent who was earning $80,000 before separation and now reports $30,000 has some explaining to do.
Sources & Further Reading (3)
Federal Child Support Guidelines, SOR/97-175, s. 19 (imputation of income)
Drygala v. Pauli, 2002 ONCA 679 — leading authority on imputation methodology
Federal Child Support Guidelines: Step-by-Step Guide (Department of Justice)
This article is for general information only and does not constitute legal, financial, or tax advice. Family law matters vary by jurisdiction and individual circumstances. Consult a qualified family law lawyer or tax professional licensed in your province for advice specific to your situation.
Related Reading
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