Interim Applications in Family Matters: Difference between revisions
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Interim Applications in Family Matters (view source)
Revision as of 19:10, 29 March 2013
, 29 March 2013→Spousal Support
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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: | ||
*the date the parties began to live together and the date they married, | |||
*the date of separation, | |||
*the parties' ages, including the proposed recipient's age at the date of separation, | |||
*each party's present health, | |||
*any factors limiting a party's ability to obtain employment, | |||
*the parties' present employment circumstances, | |||
*the parties' employment history during marriage, including any periods of unemployment, | |||
*each party's present income and the sources of that income, | |||
*a description of the each party's living expenses after separation, | |||
*any career sacrifices made during the relationship, | |||
*the parties' education and training history, prior to and during the marriage, | |||
*a description of any education and training taken after separation, especially any education geared to finding employment, | |||
*the ages and school status of the children at the date of separation, and | |||
*the arrangements that have been made for the care and control of any children. | |||
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... | ||
#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 you discovered new evidence about income or a person's ability to earn income since the last hearing | #have you discovered new evidence about income or a person's ability to earn income since the last hearing, or | ||
#have you discovered proof that someone's financial disclosure was inadequate since the last order was made? | #have you discovered proof that someone's financial disclosure was inadequate since the last order was made? | ||
...as well as other important facts such as: | ...as well as other important facts such as: | ||
*each party's present income, | |||
*each party's income at the time of the most last order, | |||
*the steps the recipient has taken to become financially self-sufficient, | |||
*education or training taken by the recipient since the order was made, | |||
*any employment taken by the recipient since the order or agreement was made, | |||
*any changes in the employment circumstances of the payor, | |||
*whether the recipient has remarried or is in a new unmarried spousal relationship, and | |||
*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. Under the first test, you could include facts that show that there were problems when the agreement was negotiated: | ||
*a party failed to disclose relevant income, property or debt, | |||
*one party took advantage of the other party's vulnerability or ignorance, | |||
*a party didn't understand the nature of the agreement, | |||
*the agreement is unconscionable, or | |||
*a party did not sign the agreement voluntarily. | |||
Under the second test, which you might use if you cannot show that there were problems when the agreement was negotiated, you could include facts that show the agreement is ''significantly unfair'' and talk about: | Under the second test, which you might use if you cannot show that there were problems when the agreement was negotiated, you could include facts that show the agreement is ''significantly unfair'' and talk about: | ||
*how long it has been since the agreement was signed, | |||
*any changes in the needs or circumstances of either party, | |||
*the parties' intention to have a final deal when the agreement was signed, | |||
*how important the agreement was to each party in planning their lives and arranging their affairs, and | |||
*how closely the agreement meets the objectives that the court considers when it makes an order for spousal support. | |||
All applications about spousal support typically require that each parent 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: | All applications about spousal support typically require that each parent 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: | ||