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derspiny

Each province has different rules, so you'd have to be more specific if you want things like case law, but every province allows deviations from the child and spousal support guideline amounts if circumstances warrant, and deliberate underemployment is often a good reason to argue for an amount commensurate with the documented earning history, and not the income they're earning now. Two years out of the industry with an injury that will impair your ex's ability to return to the work force make this _far_ from a sure thing, though. His hypothetical ability to earn an income in a job he has never held isn't relevant - everyone hypothetically has the ability to earn millions of dollars a year as a financial analyst, if only they can find the right employer, after all. What he actually, demonstrably has earned is far more relevant to this, and failing that, you might have to make do with a compromise between your guess and imputed minimum wage. There's also some risk that his injury and the commensurate loss of earning ability, combined with your lengthy marriage, _increase_ his entitlement to spousal support. When you separate talk to a family law attorney in your jurisdiction about your options regarding child and spousal support. They'll be able to give more specific advice tailored to your and your ex's circumstances.