Where the father had paid little support since the parties’ separation in late 2011, the court granted the mother’s motion for a temporary order for payment of child support arrears and ongoing child support. When the parties separated, the father earned over $100,000 as an industrial designer. He lost his job in 2012. He started his own business in 2014. However, as of early 2017, he claimed that the business would not be profitable for a couple more years. The mother claimed that the father was deliberately underemployed and/or failing to disclose his income, as he was living in a million dollar home owned by his current partner. The court calculated support arrears owing for the years 2012, 2013, and 2014 based on the father’s income as shown in his tax returns. For the years 2015 and 2016, the court noted that despite financial disclosure orders, the father had failed to provide disclosure of his corporation’s finances or those of his wife’s corporation, in which he had an interest. He claimed an income of less than $25,000, expenses of $40,000, but no debts. The court drew an adverse inference from his refusal to provide information that would reveal his true income. The father had had more than enough time to pursue his business venture. The mother had established that income should be imputed to the father. Guided by evidence provided by the mother as to the range of income of a senior industrial designer, the court imputed income of $49,628 to the father in each of 2015, 2016 and 2017 on a without prejudice basis. The court ordered the father to pay arrears of nearly $62,000 and ongoing child support of $951/month: Boyer v. Brown, 2017 ONSC 501 (Sheard J.).
Ramsden, Elizabeth; LAO LAW – The Bottom Line in Family Law, February 2, 2017.