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Judge Orders Support on Imputed Income

By | - March 23, 2023

Steve Benmor is a recognized divorce lawyer, family mediator, arbitrator, speaker, writer and educator. Mr. Benmor has worked as lead counsel in many divorce trials, held many leadership positions in the legal community and has been regularly interviewed on television, radio and in newspapers as an expert in Family Law.

Why be worried if a judge orders support based on an Imputed Income?

Because it is nearly impossible to ever seek a change to the support order by proving that the imputed income is more than your actual income.

This conclusion was brought forward again in the case of Holt v Read, 2023 ONSC 1054 (CanLII).

In that case, the father asked to retroactively adjust child support payable back to the date of the original support order. In that past order, the judge imputed an income to the father of $150,000 per year, and ordered him to pay child support of $1,992 per month for his two children.

The court dismissed his motion and ruled that he failed to establish a material change in circumstances.

Justice Fryer wrote: “A payor whose income was originally imputed because of an initial lack of disclosure cannot later claim that a change in circumstances occurs when he or she subsequently produces proper documentation showing the imputation was higher than the table amount for their actual income. The payor cannot rely on their own late disclosure as a change in circumstances to ground a variation order”.

 In this case, the father also failed to produce the basic financial disclosure necessary for the court to determine if there was a material change in circumstances relative to income, which could have offered him a glimmer of hope.

Case Link: canlii.org/en/on/onsc/doc/2023/2023onsc1054/2023onsc1054.html

At Benmor Family Law Group, our multi-disciplinary team of divorce experts fully understands the emotional and financial impact of divorce. We will help you through separation, divorce, mediation, divorce coaching, and parent coordination, our full-service family law firm expertly supports you, guides you, and represents you – throughout your case.

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