Changing Orders in Family Matters: Difference between revisions
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<blockquote><tt>(c) evidence of a lack of financial disclosure by a party was discovered after the last order was made.</tt></blockquote> | <blockquote><tt>(c) evidence of a lack of financial disclosure by a party was discovered after the last order was made.</tt></blockquote> | ||
This all boils down to the idea that the court can change an order for child support if there has been a change of circumstances, as defined by [http://canlii.ca/en/ca/laws/regu/sor-97-175/latest/sor-97-175.html#sec14 s. 14] of the [[Child Support Guidelines]] (reproduced above) since the last order, or if new evidence has been discovered since the order was made. | This all boils down to the idea that the court can change an order for child support if there has been a change of circumstances, as defined by [http://canlii.ca/en/ca/laws/regu/sor-97-175/latest/sor-97-175.html#sec14 s. 14] of the [[Child Support Guidelines]] (reproduced above), since the last order, or if new evidence has been discovered since the order was made. | ||
====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 or Form 4 of the Provincial 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 or Form 4 of the Provincial Court Family Rules, both of which describe 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 | *Both parties must produce Financial Statements dealing with income if custody is shared or split. | ||
*Both parties must produce complete Financial | *Both parties must produce complete Financial Statements 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. | ||