What is the impact of a court order requiring a party to disclose their income before the date of the order is made?
British Columbia, Canada
The following excerpt is from E.M.B. v. L.R.B., 2004 BCSC 1343 (CanLII):
Blameworthy conduct on the part of the parent against whom the order is sought may not be a requirement (see Tedham v. Tedham, 2003 BCCA 600) but it is an important consideration. It is my view that if parties have made full and accurate disclosure of their financial affairs prior to the making of a court order and have accepted and operated under the order without seeking to vary it, the court should not be too ready to engage in a post-facto recalculation of the amount of the order because the actual incomes proved to be different from those contemplated at the time the order was made. It is important, in my view, that parties be able to reasonably rely on court orders in conducting their affairs until such time as the other party seeks a change.
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