Difference between revisions of "Changing Orders in Family Matters"

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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 described 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:
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 Statement dealing with income if custody is shared or split.
*Both parties must produce Financial Statements 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 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.

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