ARTICLE · 22 JULY 2025

Imputing Income Part V - Diverting Income

Sorbara Law

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The fifth article in my Imputing Income series explores the Court's authority to impute income to a support payor in circumstances where the payor may have diverted money from their income...

CanadaFamily and Matrimonial

The fifth article in my Imputing Income series explores the Court's authority to impute income to a support payor in circumstances where the payor may have diverted money from their income which may decrease the support that they owe. For a refresher on the general overview of the topic of imputing income, see Part I of my series here.

The legislation gives the Court the authority to impute income where a payor may have diverted income. The diversion of income can occur in a variety of ways – from failing to disclose tips and commissions, to giving money away to third parties. This article will summarize only some of the key examples from the case law.

Legislation

Section 19(1)(d) of the Child Support Guidelines says that the Court may impute income to a parent or spouse when:

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