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Difference between revisions of "Interim Applications in Family Matters"

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Interim Applications in Family Matters (view source)

Revision as of 19:01, 29 March 2013

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→‎Child support
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The important facts that go into an application for child support are:
The important facts that go into an application for child support are:


#the children's names, birthdates and ages,
*the children's names, birthdates and ages,
#how the children's time is divided between the parents,
*how the children's time is divided between the parents,
#whether some or all of the children are stepchildren to the person who is to pay child support,
*whether some or all of the children are stepchildren to the person who is to pay child support,
#whether some or all of the children are receiving child support from another parent,
*whether some or all of the children are receiving child support from another parent,
#the nature of each parent's employment, and
*the nature of each parent's employment, and
#each parent's income from their employment and and any other source.
*each parent's income from their employment and and any other source.


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Applications about child support typically require that each parent cough up certain documents to establish his or her income, in addition to a sworn Financial Statement. The most common of these documents for people who are employees are:
Applications about child support typically require that each parent cough up certain documents to establish his or her income, in addition to a sworn Financial Statement. The most common of these documents for people who are employees are:


#the last three years of personal income tax returns,
*the last three years of personal income tax returns,
#all notices of assessment or reassessment received in relation to the last three tax years, and
*all notices of assessment or reassessment received in relation to the last three tax years, and
#a recent paystub or a letter from an employer confirming the terms of a party's income.
*a recent paystub or a letter from an employer confirming the terms of a party's income.


People who have income from EI, WCB, CPP or social assistance, will also have to produce their three most recent statements or chequestubs from their employment. People who are self-employed in an unincorporated business will also have to produce:
People who have income from EI, WCB, CPP or social assistance, will also have to produce their three most recent statements or chequestubs from their employment. People who are self-employed in an unincorporated business will also have to produce:


#statements of professional or business income,
*statements of professional or business income,
#a statement showing a breakdown of all payments to non-arm's-length parties like relatives, children or new spouses, and
*a statement showing a breakdown of all payments to non-arm's-length parties like relatives, children or new spouses, and
#balance sheets, if available.
*balance sheets, if available.


People who are self-employed by a corporation will also have to produce:
People who are self-employed by a corporation will also have to produce:


#corportate financial statements for the three most recent fiscal years,
*corportate financial statements for the three most recent fiscal years,
#corporate tax returns for the three most recent fiscal years, and
*corporate tax returns for the three most recent fiscal years, and
#a statement showing a breakdown of all payments to non-arm's-length parties like relatives, children or spouses.
*a statement showing a breakdown of all payments to non-arm's-length parties like relatives, children or spouses.


If the application is to change an ''order'' about the child support, important facts will include the facts which address the threshold legal tests...
If the application is to change an ''order'' about the child support, important facts will include the facts which address the threshold legal tests...
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...as well as other important facts such as:
...as well as other important facts such as:


#each party's present income,
*each party's present income,
#the child's continuing entitlement to receive child support, and
*the child's continuing entitlement to receive child support, and
#updated information concerning any special expenses.
*updated information concerning any special expenses.


If the application is to set aside an ''agreement'' about the child support, important facts will include the facts which address the threshold legal test...
If the application is to set aside an ''agreement'' about the child support, important facts will include the facts which address the threshold legal test...
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