Do both parties have to disclose all their income and finances in a support case?
Yes. Full and frank financial disclosure is a legal obligation in Ontario family law proceedings, including spousal support cases. Both the payor and recipient must file complete financial statements disclosing income, expenses, assets, and debts. These are sworn documents — filing a dishonest financial statement can have serious consequences.
The obligation to disclose includes employment income, self-employment income, investment income, rental income, government benefits, and any other sources of money received. Supporting documents — recent tax returns, notices of assessment, pay stubs, corporate financial statements for business owners, and bank statements — must be attached.
Hiding income or assets is a serious issue in family law. If a court believes a party has not disclosed fully, it can draw adverse inferences (assume the hidden amount is higher than claimed), impute income, or award costs against the non-disclosing party. If you suspect your ex-spouse is hiding income, your lawyer can request additional disclosure and, where necessary, engage a forensic accountant to investigate.
Key takeaways
- Both parties must file complete, sworn financial statements in support proceedings.
- All income types — employment, investment, self-employment, benefits — must be disclosed.
- Failing to disclose fully can result in adverse inferences and cost awards against you.
- If you suspect hidden income, a lawyer can pursue additional disclosure and forensic investigation.