5. Does the court investigate the truthfulness and wholeness of the information stated in Form E?

The court does not investigate the truthfulness and wholeness of the information in Form E by itself unless a party has a claim that the other party has been withholding information. The party making this claim will still need to show why this is the case.

Where the affidavit or form E disclosure by the payer is obviously deficient, the Court should not hesitate to make robust assumptions about his ability to pay. The Court is not confined to the mere say-so of the payer as to the extent of his income or resources. In such situation, the Court should decide in favour of the payee.