How to Deal with Income Disclosure for Child Support When Your Separation or Divorce is Finalized in Ontario!
It’s important to understand the income disclosure requirements to figure out the child support issue in your separation or divorce to avoid any big problems in your family law case.
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
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In my last video, I mentioned that there are two types of income disclosure obligations: initial and ongoing income or financial disclosure. I went into some detail in that video about the initial income or financial disclosure required when you’re getting separated or divorced.
Now I want to take a look at the issue of ongoing income or financial disclosure for the payment of child support in your situation.
There is an obligation for parents to continue to provide income information after a child support order is made or a separation agreement is signed.
In fact, the Ontario Child Support Guideline requires that a child support court order has a provision that a parent must provide his annual Notice of Assessment to the other parent to determine child support each year.
You should put a similar paragraph or provision in your separation agreement.
Both parents must exchange annual financial information, especially their annual Notice of Assessment, so that the proper amount of child support is calculated each year when you have split or shared parenting time with your children or section expenses are involved.
What happens when a parent does not provide the required financial information?
In this case, you might have to take the other parent for contempt of the court order that requires the annual disclosure of financial information.
First, make sure you or your family lawyer have formally requested this information from the other parent even though they are required to provide it under a family court order.
Even if a parent does not provide this information, a family court judge can impute income to the parent so that the child support is based on this imputed income.
If you have a separation agreement in which the other parent is required to provide financial disclosure and they are not provide this information to you, you can get a disclosure order from the family court to produce this information.
Here’s the bottom line: financial disclosure is absolutely necessary to make sure the proper amount of child support is paid.
If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-4343-8837 and I’ll point in you in the right direction.
Click here to join my free Facebook GTA and Durham Region separation and divorce support group: GTA and Durham Region Separation and Divorce Support Group
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