The applicant mother sought a stand-alone order for financial disclosure from the respondent father, who is obligated to pay child support under a domestic contract.
The parties had agreed that future disputes concerning child support would be dealt with by arbitration.
The applicant sought the respondent's tax returns, notices of assessment, and financial statements from his company to assist in determining whether to claim a change in child support due to material change in circumstances.
The respondent refused disclosure, arguing it was irrelevant because the support amount was not determined by reference to his income and the parties agreed support would not be varied before January 2016.
The court dismissed the motion, finding that section 25 of the Child Support Guidelines applies only to court orders for child support, not to domestic agreements, even when registered with the court.
The court noted that the applicant could seek disclosure through the pending arbitration process.
