Legally reviewed by Khaqan Majoka, lawyer and founder of Majoka Law, Woodbridge, Ontario. Last updated November 13, 2026. This article is general information, not legal advice.
Six weeks after you filed for child support, your ex quit a $95,000 job. Now they say they are “between jobs,” doing a little Uber on the side, and can only afford $150 a month. Meanwhile daycare, groceries and rent keep coming.
It is one of the most frustrating situations a parent can face, and one of the most common questions we hear: can my ex quit their job to avoid paying child support in Ontario? The short version is that the law is designed to stop exactly that. This guide explains how courts impute income, what evidence works, and what to do if you are the parent who genuinely lost a job.
Short answer
No, quitting or downgrading a job does not automatically reduce child support. Under section 19 of the Child Support Guidelines, a court can impute (assign) income to a parent who is intentionally under-employed or unemployed. The court does not need to find bad faith or an intent to avoid support; it is enough that the parent chose to earn less than they reasonably could, without a valid reason such as the child’s needs or their own reasonable health or education needs. Support is then calculated on the income they could be earning.
In this guide:
- What does “imputing income” mean?
- The three-part test courts use
- Common scenarios and how courts treat them
- How much income will a court impute?
- Evidence that wins imputation cases
- What to do if your ex quit or cut their income
- If you are the parent who lost your job
- FAQs
What Does “Imputing Income” Mean in Child Support?
Child support in Ontario is based on the paying parent’s income and the number of children, using the tables in the Federal Child Support Guidelines (or the nearly identical Ontario Child Support Guidelines for unmarried parents). Our guide to how child support is calculated in Ontario walks through the basics.
Usually, income comes from line 15000 of the parent’s tax return. But section 19 lets a court impute a different, higher income where the reported figure does not reflect reality. Circumstances listed in section 19 include where the parent:
- is intentionally under-employed or unemployed (the most common ground);
- is exempt from income tax;
- lives outside Canada;
- diverts income in a way that would affect support, for example through a corporation or a new partner;
- fails to provide income information when legally required to;
- unreasonably deducts expenses from business or rental income; or
- receives a significant portion of income from dividends, capital gains or other sources taxed at a lower rate.
The list is not exhaustive. Courts can impute income whenever it is appropriate on the evidence.
The Three-Part Test: Drygala v. Pauli
The leading Ontario case is Drygala v. Pauli (Court of Appeal for Ontario, 2002). It asks three questions:
1. Is the parent intentionally under-employed or unemployed?
“Intentionally” means a voluntary choice to earn less than the parent is capable of earning. The court does not need to find bad faith or a specific plan to avoid child support. A parent who quits a well-paying job to pursue a passion project can be intentionally under-employed even if their motives are sincere. The parent asking for imputation must first show this, usually by comparing past earnings, qualifications and job availability to current income.
2. If so, is it justified by the child’s needs or the parent’s reasonable health or educational needs?
Section 19(1)(a) carves out under-employment that is required by the needs of a child of the relationship, or by the parent’s reasonable health or educational needs. Courts look closely at reasonableness: Is the retraining realistic and likely to lead to better earnings? Is the medical condition documented and actually preventing full-time work? Could the parent work part-time while studying?
3. If not justified, what income should be imputed?
The court then decides what the parent could reasonably earn, based on evidence, not guesswork. There has to be a rational basis for the figure chosen.
| Question | Who usually has to prove it | Typical evidence |
|---|---|---|
| Intentionally under-employed? | Parent seeking imputation | Past tax returns, resignation letter, LinkedIn, job postings, timing of the job change |
| Justified by health, education or child’s needs? | Parent who reduced income | Medical reports, enrolment records, program outcomes, care needs of the child |
| What income to impute? | Both parents | Prior earnings, industry salary data, job ads, lifestyle and spending evidence |
Common Scenarios and How Courts Treat Them
Quitting a job right after separation
Timing matters. A resignation that coincides with a support claim, with no new job lined up, is a classic case for imputing income at the previous salary.
Being fired for misconduct
Losing a job because of your own misconduct can be treated like voluntary unemployment, especially if the parent makes little effort to find new work.
Genuine layoff or business closure
A real layoff is not intentional unemployment. But the parent is expected to look for comparable work diligently. If months pass without a serious job search, a court may impute income anyway.
Going back to school
Retraining can be reasonable, but the child’s needs come first. Courts often ask whether the program is realistic, whether it will improve earning capacity, and whether the parent could work part-time while studying. Child support obligations do not pause for a degree.
Switching to self-employment or cash work
Self-employment is legitimate, but courts scrutinize low declared income, personal expenses run through the business, and cash income. Lifestyle evidence, such as a new car, travel and rent paid, can show income is higher than reported.
Early retirement
Retiring early while children still depend on support can lead to imputed income, depending on age, health and the circumstances of retirement.
Moving to a lower-cost or lower-wage area
A parent who moves somewhere with fewer job opportunities for personal reasons may have income imputed based on what they could earn where they were.
How Much Income Will a Court Impute?
There is no fixed formula. Common approaches include:
- Previous earnings: often the most persuasive benchmark when a parent left a stable job voluntarily.
- Earning capacity: what someone with the parent’s age, education, skills, experience and health could reasonably earn in the local job market.
- Minimum full-time wage: sometimes used as a floor for a healthy adult with limited work history.
- Lifestyle-based income: where spending clearly exceeds declared income.
Example: A parent earned $90,000, $92,000 and $95,000 over the last three years as an IT analyst, then quit and now reports $18,000 from part-time gig work with no job search. A court could impute $90,000 to $95,000 and calculate table support, and any Section 7 expenses share, on that figure.
Imputed income can also affect spousal support, which uses a similar income analysis.
Evidence That Wins Imputation Cases
- The other parent’s last three years of tax returns and Notices of Assessment
- Pay stubs, employment letters and the resignation or termination letter
- Their resume, professional licences and LinkedIn profile
- Current job postings in their field and area, with salaries
- Bank statements and credit card statements showing spending
- Social media posts showing vacations, purchases or a business
- Corporate financial statements if they own a business
- Their job search records (or the lack of them)
Under Ontario’s Family Law Rules, each parent must serve a sworn financial statement and supporting income documents. If your ex fails to disclose, the court can draw an adverse inference and impute income, and may order costs.
What to Do If Your Ex Quit or Cut Their Income
- Do not agree to reduce support informally. An existing order or agreement stays in force until changed by agreement or by the court.
- Keep enforcing the current order. If support is registered with the Family Responsibility Office (FRO), arrears keep accumulating at the ordered amount. See our page on enforcement of court orders.
- Request full financial disclosure in writing, including the reason for the job change and job search records.
- Collect evidence from the list above, especially anything showing timing and lifestyle.
- Respond to any motion to change. If your ex brings a motion to reduce support, ask the court to impute income at their prior or capable level.
- Consider mediation once disclosure is complete; many imputation disputes settle when the numbers are on the table.
If You Are the Parent Who Lost Your Job
Life happens: layoffs, illness and business failures are real. To protect yourself:
- Tell the other parent promptly and share proof (termination letter, Record of Employment).
- Keep a detailed job search log: dates, employers, positions, responses. Apply for comparable roles, not just ideal ones.
- Get medical documentation if health is the reason you cannot work.
- Do not simply stop or reduce payments. Bring a motion to change, or negotiate a written agreement, as soon as possible. The Supreme Court of Canada in Colucci v. Colucci (2021) confirmed that delay in seeking a reduction can limit how far back relief is available.
- Pay what you can and keep records; it shows good faith.
Related reading for co-parents: Can I change my child’s school without the other parent’s consent? and travelling with your child after separation.
Ex quit, went part-time or working for cash? We help Ontario parents get full disclosure, impute income and enforce fair child support. Learn about our child support services or call +1 416-529-2600 for a free consultation.
Frequently Asked Questions
Can my ex quit their job to avoid paying child support in Ontario?
Not successfully, in most cases. If a parent voluntarily earns less than they reasonably could, without a valid health, education or child-related reason, a court can impute income and calculate child support as if they were still earning it.
Does the court have to prove my ex is trying to avoid support?
No. Under Drygala v. Pauli, there is no need to prove bad faith or a specific intent to evade support. It is enough that the parent chose to earn less than they are capable of earning, without a reasonable justification.
What income will the court impute?
Usually an amount based on evidence of what the parent could reasonably earn: previous earnings, qualifications, experience, health and local job availability. Lifestyle and spending can also show hidden income.
Does child support stop if the paying parent loses their job?
No. The existing order continues and arrears build up until it is changed by agreement or court order. A parent who genuinely lost their job should seek a variation promptly and keep job search records.
Can income be imputed to a parent who goes back to school?
Possibly. Courts consider whether the education is reasonable, likely to improve earnings, and whether the parent could still work part-time. Child support obligations generally continue during studies.
Can a court impute income to a self-employed parent?
Yes. Courts can add back unreasonable business expenses, personal costs run through the business, cash income and corporate income, and can impute income based on lifestyle where declared income is not credible.
What if my ex will not provide income information?
Failing to provide required financial disclosure is itself a ground for imputing income under section 19. The court can also make costs orders and draw adverse inferences against the non-disclosing parent.
Disclaimer: This article provides general information about Ontario and Canadian family law and is not legal advice. The example is simplified. Please speak with a qualified family lawyer about your specific circumstances.
