What is the impact of the respondent's failure to pay child support on an application for disclosure?
Ontario, Canada
The following excerpt is from Hobbs v Topping, 2016 ONSC 2132 (CanLII):
The respondent’s conduct also caused the applicant to expend legal fees in bringing motions for disclosure and for interim support as the respondent had not voluntarily paid any child support. Financial disclosure in family law is a most basic obligation; it is automatic and should not require production orders: Roberts v. Roberts, 2015 ONCA 450 (C.A.) (CanLII) at paras 11-13. The respondent’s failure to pay child support until ordered to do so is unreasonable conduct.
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