In a family trial concerning ongoing child support, s. 7 expenses, alleged arrears, and security for support, the court rejected the payor parent's claim that his earning capacity had fallen to minimum wage after business and personal bankruptcy.
Applying the imputed income framework under s. 19 of the Federal Child Support Guidelines, the court found the payor intentionally underemployed, relied on his sworn financial statement, and imputed income of $77,000.
The court apportioned s. 7 expenses 70/30, credited prior extra direct payments against claimed arrears, and ordered the payor to obtain life insurance securing support, subject to proof of uninsurability or prohibitive cost.
Costs were awarded to the successful party, with quantum to be addressed if not resolved.
