August 3, 2006
Supreme Court of Canada Requires Disclosure of Increased Income by Child Support Obligors
The Supreme Court stopped short of ordering a duty to disclose salary increases automatically, but the judges signalled that paying parents should do so as a matter of course because children of divorce have a right to a share of an income hike. ''Parents have an obligation to support their children in a manner commensurate with their income and this obligation and the children's right to support exists independently of any statute or court order,'' wrote Justice Michel Bastarache. The unanimous decision, which could affect hundreds of thousands of families, will mean a ''huge change'' in the way the child support business is conducted in Canada, predicted lawyer Deidre Smith.
The Supreme Court of Canada sent a warning to divorced parents on Monday that they better come clean when their income goes up, or they could face sizable retroactive child support bills.
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