“A parent has an obligation to support his or her dependent children: Family Law Act, R.S.O. 1990, c. F.3, s. 31(1). A court is mandated to order child support payments in accordance with the appropriate child support guidelines, for the benefit of the child: Family Law Act, supra, s. 33(1)–(2), (7), (11)–(15); s. 34(1).
The presumptive quantum of support is the amount set out in the Child Support Guidelines, O.Reg. 391/97, s. 3(1).
A Court may make an order requiring a parent to contribute to a child’s “special” expenses: Child Support Guidelines, supra, section 7(1).
In court proceedings, parties face numerous obligations to provide prompt and full financial disclosure: Family Law Rules, supra, r. 13(1)–(1.1), (3.1)–(3.2), (5.0.2), (7).
A payor spouse has an ongoing obligation to disclose their income so that any child support payments properly reflect the amount owing under the Guidelines: Child Support Guidelines, supra, s. 24.1, s. 13(g).
Where a party fails to comply with the disclosure provisions of the Child Support Guidelines, the possible consequences to that party include:
a. immediate judgment
b. drawing of an adverse inference
c. striking out of pleadings
d. a contempt finding
e. imputation of income
f. costs on a full indemnity basis
Child Support Guidelines, supra, s. 19(1)(f), s. 22-24.
Similar consequences may flow from failing to comply with a disclosure order under the Family Law Rules: Family Law Rules, r. 1(8)-(8.1).”
