1,399
edits
Difference between revisions of "Changing Orders in Family Matters"
Jump to navigation
Jump to search
m
Changing Orders in Family Matters (view source)
Revision as of 22:22, 28 June 2019
, 22:22, 28 June 2019→Divorce Act orders
| Line 208: | Line 208: | ||
Under [http://canlii.ca/t/7vbw#sec5 s. 5] of the ''Divorce Act'', the Supreme Court has the jurisdiction to vary an order for child support as long as either spouse was ordinarily living in the province at the time the action started, no matter which province's courts made the original order. (The Provincial Court cannot make or vary orders under the ''Divorce Act''.) [http://canlii.ca/t/7vbw#sec17 Section 17] of the ''Divorce Act'' gives the court the authority to change, cancel, or suspend orders for support made under that act. | Under [http://canlii.ca/t/7vbw#sec5 s. 5] of the ''Divorce Act'', the Supreme Court has the jurisdiction to vary an order for child support as long as either spouse was ordinarily living in the province at the time the action started, no matter which province's courts made the original order. (The Provincial Court cannot make or vary orders under the ''Divorce Act''.) [http://canlii.ca/t/7vbw#sec17 Section 17] of the ''Divorce Act'' gives the court the authority to change, cancel, or suspend orders for support made under that act. | ||
Section 17 of the Divorce Act says this: | Section 17 of the ''Divorce Act'' says this: | ||
<blockquote><tt>(4) Before the court makes a variation order in respect of a child support order, the court shall satisfy itself that a change of circumstances as provided for in the applicable guidelines has occurred since the making of the child support order or the last variation order made in respect of that order.</tt></blockquote> | <blockquote><tt>(4) Before the court makes a variation order in respect of a child support order, the court shall satisfy itself that a change of circumstances as provided for in the applicable guidelines has occurred since the making of the child support order or the last variation order made in respect of that order.</tt></blockquote> | ||
| Line 236: | Line 236: | ||
====Financial Statements==== | ====Financial Statements==== | ||
When an application to vary a child support order is brought, one or both parties will have to produce fresh financial information. This information is almost always given through a Financial Statement, Form F8 of Supreme Court Family Rules, which | When an application to vary a child support order is brought, one or both parties will have to produce fresh financial information. This information is almost always given through a Financial Statement, Form F8 of Supreme Court Family Rules, which describes a person's income, expenses, assets, and liabilities and is given on the person's oath or affirmation like an affidavit. These are the rules about who may have to produce a Financial Statement: | ||
*The payor must produce a Financial Statement dealing with their income if the payor is paying child support according to the tables. | *The payor must produce a Financial Statement dealing with their income if the payor is paying child support according to the tables. | ||
*Both parties must produce Financial Statement dealing with income if custody is shared or split. | *Both parties must produce Financial Statement dealing with income if custody is shared or split. | ||
*Both parties must produce complete Financial Statement covering income, expenses, assets and liabilities if there is a claim about the children's special expenses, a claim for undue hardship, the payor's income is above $150,000 per year, or one or more of the children are over the age of majority. | *Both parties must produce complete Financial Statement covering income, expenses, and assets and liabilities if there is a claim about the children's special expenses, a claim for undue hardship, the payor's income is above $150,000 per year, or one or more of the children are over the age of majority. | ||
These new Financial Statements are needed to give the court the information it will need to make a new child support order, if it is in fact willing to vary the original order. | These new Financial Statements are needed to give the court the information it will need to make a new child support order, if it is in fact willing to vary the original order. | ||
Links to and examples of the Financial Statement and other court forms can be found in [[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]. For more information on Financial Statements, see the page on [[Discovery Process in a Family Law Matter]] in particular the section on the process for the [[Discovery Process in a Family Law Matter#The Supreme Court|Supreme Court]]. | Links to and examples of the Financial Statement and other court forms can be found in [[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]. For more information on Financial Statements, see the page on [[Discovery Process in a Family Law Matter]], in particular the section on the process for the [[Discovery Process in a Family Law Matter#The Supreme Court|Supreme Court]]. | ||
====Statutory provisions==== | ====Statutory provisions==== | ||