A question that often arises is what obligation does a payor of child maintenance have to advise the recipient of any increases to the payor’s income.

 

A recent decision of the B.C. Court of Appeal, MacCarthy v. MacCarthy (2015) BCCA 496, provides a clear direction to child maintenance payors to disclose any increases in income. The court implied that the recipient spouse should not be required to police the payor’s affairs.

 

It would be prudent to also add a clause to a separation agreement or court order which provides that child maintenance will be reviewed if the payor’s income increases and to set out when the increase in child maintenance will take effect (i.e. on an annual review or immediately upon the payor receive an increase to their income).

 

Deborah A. Todd
Deborah A. Todd