Difference between revisions of "Interim Applications in Family Matters"
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Interim Applications in Family Matters (view source)
Revision as of 04:59, 27 February 2013
, 04:59, 27 February 2013→Common Interim Applications
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==Common Interim Applications== | ==Common Interim Applications== | ||
The following discussion reviews the basic facts that will usually need to be proven in support of the most common kinds of interim applications in family law matters. This is only a rough guide as the particular facts that are important will change from case to case. | |||
STOPPED... must include new FLA tests | |||
===Care of Children=== | ===Care of Children=== | ||
When making the first application about custody, | When making the first application about custody and access, or parenting arrangements and contact, important facts will usually include: | ||
#the children's names, birthdates and ages; | #the children's names, birthdates 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 | #any important health or educational concerns; | ||
#the occupation of each parent; | #the occupation of each parent; | ||
#each parent's usual work schedule; | #each parent's usual work schedule; | ||
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#the children's names, birthdates and ages; | #the children's names, birthdates 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 | #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 receiving child support from another parent; | #whether some or all of the children are receiving child support from another parent; | ||
#the nature of each parent's employment; and, | #the nature of each parent's employment; and, | ||
#each parent's employment income. | #each parent's employment income. | ||
Applications about child support typically require that each parent cough up certain documents to | 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; | ||
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#a recent paystub or a letter from an employer confirming the terms of a party's income. | #a recent paystub or a letter from an 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 | People who have income from EI, WCB, CPP or social assistance, will also have to produce their three most recent statements or chequestubs from their employment. 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; | ||
#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. | ||
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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 | #the date the parties began to live together and the date they married; | ||
#the date of separation; | #the date of separation; | ||
#the parties' ages, including the recipient's age at the date of separation; | #the parties' ages, including the proposed recipient's age at the date of separation; | ||
#each party's present health; | #each party's present health; | ||
#any factors limiting a party's ability to obtain employment; | #any factors limiting a party's ability to obtain employment; | ||