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Difference between revisions of "Child Support Guidelines"
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→Underemployment and unemployment
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
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#any evidence that the underemployment or unemployment is motivated by ill will towards the recipient. | #any evidence that the underemployment or unemployment is motivated by ill will towards the recipient. | ||
This last point, about the payor's ill will, has to do with the idea that the payor is able to earn more but chooses not to. In the 1999 | This last point, about the payor's ill will, has to do with the idea that the payor is able to earn more but chooses not to. In the 1999 Supreme Court case ''[[http://canlii.ca/t/1d2x1 Hanson v. Hanson]]'', 1999 CanLII 6307 the court had this to say on the subject: | ||
<blockquote>"1. There is a duty to seek employment in a case where a parent is healthy and there is no reason why the parent cannot work. It is 'no answer for a person liable to support a child to say that he is unemployed and does not intend to seek work or that his potential to earn income is an irrelevant factor' ...</blockquote> | <blockquote>"1. There is a duty to seek employment in a case where a parent is healthy and there is no reason why the parent cannot work. It is 'no answer for a person liable to support a child to say that he is unemployed and does not intend to seek work or that his potential to earn income is an irrelevant factor' ...</blockquote> | ||