Advanced Family Law Series: Using an OT Expert to Overcome Underemployment Allegations in Child and Spousal Support Claims
Join qualified Alberta expert and occupational therapist, Katie Bassett, M.A., BSc.O.T, CCLCP, CWCE, CVRP(f), in a lively discussion and question and answer session about how the benefits can outweigh costs to send your support payor client for a functional capacity evaluation, where there are allegations of underemployment.
Understanding when to use this tool is more important than ever since the 2022 shift by the Alberta Court of Appeal Peters v. Atchooay, 2022 ABCA 347 reconsidering the “deliberate evasion test” previously set out in Hunt v. Smolis Hunt, 2001 ABCA 229. Payors involved in physical labour occupations may struggle to avoid income imputation without the benefit of an expert occupational report substantiating their limitations which may be brought on by age or injury.
This event is hosted by the Alberta Civil Trial Lawyers Association and is moderated by R. Travis Bissett, BSc LLB, a lawyer who has successfully argued this evidence in court to reduce payor obligations.
Event Details
Time: Noon
Cost: $100