This trial decision addresses a respondent's claim for undue hardship regarding child support and an applicant's claim for imputed income due to intentional under-employment.
The court dismissed the undue hardship claim, finding the respondent's alleged reasons (care for disabled daughter, criminal record) did not prevent full-time employment and that his support for another child was not a "legal duty" under the Guidelines.
The court imputed income to the respondent based on a full-time minimum wage, finding he was intentionally under-employed, and ordered payment of child support arrears and ongoing support.