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==Common interim applications== | ==Common interim applications== | ||
The following discussion reviews the basic facts that will usually need to be proven | The following discussion reviews the basic facts that will usually need to be proven for some of the most interim applications in family law court proceedings. This is only a rough guide; the particular facts that are important will change from case to case. | ||
===Care of children=== | ===Care of children=== | ||
*the children's names, | When making the first application about custody and access under the ''[[Divorce Act]]'', or about parenting arrangements and contact under the ''[[Family Law Act]]'', important facts will usually include: | ||
*the children's names, birth dates and ages, | |||
*where the children go to school and what grade they're in, | *where the children go to school and what grade they're in, | ||
*any important health or educational concerns, | *any important health or educational concerns, | ||
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*each parent's usual work schedule, | *each parent's usual work schedule, | ||
*how the parents shared the parenting of the children while they were together, | *how the parents shared the parenting of the children while they were together, | ||
*who was | *who was responsible for arranging things like visits to the doctor and dentist, | ||
*who was | *who was responsible for looking after school issues, like parent-teacher meetings and making sure homework was done, | ||
*how the parents have shared the parenting of the children since they separated, | *how the parents have shared the parenting of the children since they separated, | ||
*the quality of the parents' ability to talk to each other and cooperatively make decisions about the children after separation, and | *the quality of the parents' ability to talk to each other and cooperatively make decisions about the children after separation, and | ||
*a description of any actual problems with a parent's capacity to care for the children. | *a description of any actual problems with a parent's capacity to care for the children. | ||
If the application is to change an ''order'' about the care of the children, important facts will include the facts that address the | If the application is to change an ''order'' about the care of the children, the important facts will also include the facts that address the legal test that must be met to change an order: | ||
#what is the change in the child's needs or circumstances since the order was made, and | |||
#what is the change in the child's needs or circumstances since the original order was made, and | |||
#how has this change affected the best interests of the children? | #how has this change affected the best interests of the children? | ||
Other important facts include: | Other important facts might include: | ||
#how the order has worked out, | |||
#how the original order has worked out, | |||
#if the parents followed the terms of the order, and | #if the parents followed the terms of the order, and | ||
#if the order met the children's needs and if not, why not. | #if the order met the children's needs and if not, why not. | ||
If the application is to set aside an ''agreement'' about the care of the children, important facts will include the facts that address the | If the application is to set aside an ''agreement'' about the care of the children, important facts will include the facts that address the legal test that must be met to set aside an agreement: | ||
*why the agreement is not in the best interests of the children. | |||
*why the agreement is not or is no longer in the best interests of the children. | |||
Other important facts might include: | |||
#how the agreement has worked out, | #how the agreement has worked out, | ||
#if the parents followed the terms of the agreement, and | #if the parents followed the terms of the agreement, and | ||
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===Child support=== | ===Child support=== | ||
====Important factors==== | ====Important factors==== | ||
*the children's names, | The important facts that go into most applications for child support are: | ||
*the children's names, birth dates 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, | ||
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*the nature of each parent's employment, and | *the nature of each parent's employment, and | ||
*each parent's income from their employment and any other source. | *each parent's income from their employment and any other source. | ||
====Basic financial information==== | |||
{{LSSbadge | {{LSSbadge | ||
|resourcetype = guides for Financial Statements in | |resourcetype = guides for Financial Statements in | ||
|link = [http://www.familylaw.lss.bc.ca/guides/mini/howToFillFinanState_PC.php Provincial Court]''' and<br/>'''[http://www.familylaw.lss.bc.ca/guides/mini/howtofillfinanstate_sc.php Supreme Court] | |link = [http://www.familylaw.lss.bc.ca/guides/mini/howToFillFinanState_PC.php Provincial Court]''' and<br/>'''[http://www.familylaw.lss.bc.ca/guides/mini/howtofillfinanstate_sc.php Supreme Court] | ||
}} | }}Applications about child support typically require that each parent cough up certain documents in order 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 | *a recent paystub showing earnings-to-day or a letter from the 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 cheque stubs from their payments. | |||
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, | ||
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*balance sheets, if available. | *balance sheets, if available. | ||
People who are self-employed by | People who are ''self-employed'' by an incorporated business will also have to produce: | ||
*corporate financial statements for the three most recent fiscal years, | *corporate financial statements for the three most recent fiscal years, | ||
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====Changing child support orders and agreements==== | ====Changing child support orders and agreements==== | ||
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: | ||
#has there been a change that would cause a different amount of support to be paid under the [[Child Support Guidelines]], | |||
#has there been a change that would cause a different amount of support to be paid under the [[Child Support Guidelines]], usually a change in someone's income, | |||
#has there been a change in the needs and circumstances of the child, | #has there been a change in the needs and circumstances of the child, | ||
#have | #whether you have discovered new evidence about income or a person's ability to earn income since the last hearing, or | ||
#have | #whether you have discovered proof that someone's financial disclosure was incorrect or inadequate at the last hearing. | ||
Other important facts include: | Other important facts usually include: | ||
*each party's present income, | *each party's present income, | ||
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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: | ||
*should the court make a different order than what was agreed to? | |||
*what amount of support should be court order, and | |||
*why should the court make a different order than what was agreed to? | |||
===Spousal support=== | ===Spousal support=== | ||
====Important factors==== | ====Important factors==== | ||
When making the first application for spousal support, the important facts will include: | When making the first application for spousal support, the important facts will include: | ||
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====Changing spousal support orders or agreements==== | ====Changing spousal support orders or agreements==== | ||
If the application is to change an ''order'' about spousal support, important facts will include the facts necessary to address the threshold legal tests: | |||
If the application is to change an ''order'' about spousal support, important facts will include the facts necessary to address the threshold legal tests to change an order: | |||
#has there been a change in the means or needs of either spouse since the last order was made, | #has there been a change in the means or needs of either spouse since the last order was made, | ||
#have | #whether you have discovered new evidence about income or a person's ability to earn income since the last hearing, or | ||
#have | #whether you have discovered proof that someone's financial disclosure was incorrect or inadequate at the last hearing. | ||
Other important facts include: | Other important facts usually include: | ||
*each party's present income, | *each party's present income, | ||
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*whether the payor has acquired new family support obligations since the order was made. | *whether the payor has acquired new family support obligations since the order was made. | ||
If the application is to set aside an ''agreement'' about spousal support, important facts will include the facts necessary to address the two threshold legal tests. Under the first test, you could include facts that show that there were problems when the agreement was negotiated: | If the application is to set aside an ''agreement'' about spousal support, important facts will include the facts necessary to address the two threshold legal tests to set aside an agreement. Under the first test, you could include facts that might show that there were problems when the agreement was negotiated: | ||
*a party failed to disclose relevant income, property or debt, | *a party failed to disclose relevant income, property or debt, | ||
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====Basic financial information==== | ====Basic financial information==== | ||
All applications about spousal support typically require that each | |||
All applications about spousal support typically require that each spouse cough up certain documents to prove 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 | *a recent paystub showing earnings-to-day or a letter from the 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 cheque stubs from their payments. | |||
People who have income from EI, WCB, CPP or social assistance, will also have to produce their three most recent statements or | |||
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 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 | People who are ''self-employed'' by an incorporated business will also have to produce: | ||
*corporate financial statements for the three most recent fiscal years, | *corporate 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. | ||
===Protection orders and restraining orders=== | ===Protection orders and restraining orders=== | ||
The court can make a | The court can make a variety of orders where someone is in need of protection, depending on what the circumstances are and which order makes the most sense. More information about these orders can be found in the section [[Family Violence]] in the chapter [[Other Family Law Issues]]. | ||
The court can also make orders designed to protect assets from being sold, hidden, or used as collateral for a loan. More information about these orders can be found in the section [[Protecting Property & Debt in Family Law Matters|Protecting Property & Debt]] in the chapter [[Property & Debt in Family Law Matters|Property & Debt]]. | |||
==Resources and links== | ==Resources and links== |