September 7, 2022 – Imputation of Income & Change in Circumstances

“When dealing with a finding of imputed income at trial, as in this matter, the   court in Colucci commented as follows, at para. 63:

Of course, 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 (Gray, at paras. 33-34).  This would “defeat the purpose of imputing income in the first place” and act as “a disincentive for payors to participate in the initial court process” (Trang v. Trang, 2013 ONSC 1980, 29 R.F.L. (7th) 364, at para. 53).

         Jamil v. Iqbal, 2021 ONSC 5952 (CanLII) at 63