Obtaining Information For Support In The Face Of Non-Disclosure
When a support payor fails to provide required information, it makes it difficult for the court to determine appropriate for support. There is a new tool in the toolbox to facilitate disclosure of payor information to the court for the purpose of establishing, varying or enforcing a support order.
What is the FOAEAA?
The Family Orders and Agreements Enforcement Assistance Act, 1985, c. 4 (2nd Supp) (“FOAEAA”) is a powerful piece of legislation that enables the court to authorize a court official apply to the Minister of Justice to search and release to the official information that can be found in federal information banks under the Release of Information for Family Orders and Agreements Enforcement Assistance Regulations, SOR/2023-125 (the “Release Regulations“).
The Release Regulations permit the search of certain federal databases for the purpose of providing information about a person’s whereabouts and their income.
What information can be obtained?
The information that the court can ask to be released on a search of the Federal “information banks” is extensive and includes the release of essentially all the income information set out in a person’s income tax return, including the schedules, and their Notice of Assessment.
In the case of AE v. WD, 2024 ONCJ 650 (CanLII), the mother requested the name and address of the father’s employer and information related to the father that is set out in his Income Tax and Benefit Return, including the schedules, other than his Social Insurance Number, which was granted by the court. The mother established that this order was necessary to determine child support because the father had failed to provide his financial information ordered by the court, was not paying child support, and did not respond to the mother’s court applications.
What is the process?
Section 7 of the FOAEAA provides the basis for the court to establish a support provision. It allows a person, body or service seeking to establish, vary or enforce a support provision to request the court to authorize an official of the court to make an application under section 12. This application under section 7 may be made ex parte.
A support provision is defined as a provision of an order for maintenance, alimony or support.
Section 8 of the FOAEAA sets out how to establish or vary a “support provision”, which requires
(a) an affidavit that sets out the reasons for the making of the application; and
(b) in the case of an application in relation to the variation of a support provision, a copy of the order that contains the support provision.
Section 10 of the FOAEAA then allows the court to authorize a court official to make an application under section 12 of the FOAEAA to obtain information from the Minister to establish a support provision.
Section 13 of the FOAEAA then requires that the information requested is to be provided to the court official who will give the information to the court.
Although the information is to be sealed, the court may disclose the information to “any person” it considers appropriate and may make any order to protect the confidentiality of the information.
How Can Kahane Law Office Help?
The family law lawyers at Kahane Law Office are experienced in support issues and getting the necessary information to establish appropriate support. We understand the process options for resolution and the importance of choosing the right one for you. Schedule an appointment with one of our family law lawyers by contacting our office today at 403 225 8810.
This article is intended for informational purposes only. Legal definitions may be different through the court. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.