One would think that being in jail and obviously not working would be a pretty strong argument as to why one should not have to pay child support due to a lack of income.
The court often does not abide by that rationale and, in many circumstances will find that one’s misbehaviour leading to incarceration is simply a self-imposed limitation and should accordingly not be recognized. However, the court is not blind (generally) to common sense. Where one is jailed, and that is a derivative of mental health issues with a background of limited employment whether in or out of jail, the court has the discretion to deny this dynamic. An example of this on an interim motion was exhibited by Justice Minnema in Sheridan v.Cupido. A cautious approach to income is appropriate on temporary motions for child support. Imputation may not be appropriate if a parent is unable to work for mental health reasons. That is what Justice Minnema held in this case.
