Forcing Your Spouse To Have An Expert Determine Their Income

Date: 14 May, 2019| Author: Fred Streiman

The court does have the authority to order a party to obtainan expert’s report to determine their income for support purposes.

Recently, Justice Tremblay in the case of Sargalis foundin limited circumstances the court does indeed have the authority to order a party to obtain an expert’s report determining the potential payors income for the purpose of calculating support.

Justice Tremblay believed that this should only happen when the cost (and that cost can be very substantial) should only be incurred where the burden on the disclosing party does not outweigh the importance of the information. If there is a more financially reasonable way of determining income that should be pursued before a formal income analysis is to be ordered.

A sensitive hand at the tiller is needed to guide a client through these murky legal waters.