Volunteering for a Family Business = Imputed Income Under Child Support Guidelines

In Alibdah v. Altawil, 2025 ONSC 5109, Justice Latimer held that “income” under the Federal Child Support Guidelines encompasses funds a parent receives from relatives—whether those funds take the form of gifts or remuneration for labor in a family enterprise—even if the parent declares no taxable earnings and lacks legal authorization to work in Canada. Reviewing evidence of the father’s living arrangements and spending habits, the court assigned him an imputed annual income of $70,000.

Justice Latimer stressed that the term “income” must be interpreted exactly as the Guidelines define it. He rejected the father’s claims that his service at his brother’s grocery store was purely “voluntary” and unpaid, and that payments by his family toward his rent, food, and other necessities constituted repayable loans. Rather, the judge concluded that these familial payments effectively served to divert income that must be counted for child support purposes—even though the father was undocumented in Canada and contesting a deportation order.

Turning to the mother, Justice Latimer imputed income of $40,000 to her. Although she was qualified for employment in several professions, she had, since separating from the father, chosen to pursue various college courses in order to preserve her entitlement to certain child-related tax credits. On the basis of those two imputed incomes, the court determined that no spousal support was owing. Moreover, the judge observed that, had spousal support been appropriate, the father’s precarious immigration status would in any event have supported placing the children’s needs first.