Can my spouse quit his or her job to avoid paying child support in Ontario?

My spouse quit his/her job, and I believe that s/he did this so s/he would have to pay less child support in Ontario. What can I do about this?

The amount of child support in Ontario that each parent is obligated to pay is determined by numerous factors as outlined in the Child Support Guidelines. These factors include but are not limited to:

1. The child’s or children’s needs;
2. The number of children;
3. The income of both parties; and,
4. The custody arrangements.

Although it is not common, there are those who believe that by quitting their job, or deliberately reducing their income, they can minimize or completely eliminate their obligation to pay child support in Ontario.

If a court believes that a parent is deliberately reducing his or her income to lower or to avoid child support payments, the Child Support Guidelines in Ontario provide the courts with the power to impute income to a parent. This essentially means that, despite what a parent's actual income is or what the parent's tax return states, the court can determine the level of income a parent has for child support purposes and order child support in Ontario based on this 'imputed' level of income.

Situations whereby the court can, under the Child Support Guidelines, impute income to a parent include, but are not limited to, circumstances whereby the courts believe a parent is:

1. Intentionally under-employed or unemployed;
2. Diverting income in a way that affects the amount of child support that is required in the circumstances (pursuant to the Child Support Guidelines);
3. Failing to use property in a reasonable way to generate income;
4. Failing to disclose all income information;
5. Making unreasonable deductions from income;
6. Failing to be honest when it comes to earnings;
7. Hiding income;
8. Purposely working a job that is not suitable based on level of experience and/or education;
9. Failing to make a reasonable effort to look for suitable work; and,
10. Failing to provide good reason for quitting a job.

If a court believes that the parent is engaging in the foregoing to avoid paying child support in Ontario, the judge may impute what he or she feels is the parent's appropriate level and order child support accordingly.

For more information on child support payments and obligations, contact Krol & Krol at 905.707.3370 to schedule a consultation.