Difference between revisions of "Interim Applications in Family Matters"

The following discussion reviews the basic facts that will usually need to be proven for some of the most interim applications in family law court proceedings. This is only a rough guide; the particular facts that are important will change from case to case.

 

*the children's names, birth dates and ages,

*who was responsible for arranging things like visits to the doctor and dentist,

*who was responsible for looking after school issues, like parent-teacher meetings and making sure homework was done,

If the application is to change an ''order'' about the care of the children, the important facts will also include the facts that address the legal test that must be met to change an order:

 

#what is the change in the child's needs or circumstances since the original order was made, and

Other important facts might include:

 

#how the original order has worked out,

If the application is to set aside an ''agreement'' about the care of the children, important facts will include the facts that address the legal test that must be met to set aside an agreement:

 

*why the agreement is not or is no longer in the best interests of the children.

 

 

*the children's names, birth dates and ages,

}}Applications about child support typically require that each parent cough up certain documents in order 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:

*a recent paystub showing earnings-to-day or a letter from the 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 cheque stubs from their payments.  

People who are ''self-employed'' in an unincorporated business will also have to produce:

People who are ''self-employed'' by an incorporated business will also have to produce:

 

#has there been a change that would cause a different amount of support to be paid under the [[Child Support Guidelines]], usually a change in someone's income,

#whether you have discovered new evidence about income or a person's ability to earn income since the last hearing, or

#whether you have discovered proof that someone's financial disclosure was incorrect or inadequate at the last hearing.

Other important facts usually include:

 

*what amount of support should be court order, and

*why should the court make a different order than what was agreed to?

 

If the application is to change an ''order'' about spousal support, important facts will include the facts necessary to address the threshold legal tests to change an order:

 

#whether you have discovered new evidence about income or a person's ability to earn income since the last hearing, or

#whether you have discovered proof that someone's financial disclosure was incorrect or inadequate at the last hearing.

Other important facts usually include:

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 to set aside an agreement. Under the first test, you could include facts that might show that there were problems when the agreement was negotiated:

 

All applications about spousal support typically require that each spouse 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:

*a recent paystub showing earnings-to-day or a letter from the 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 cheque stubs from their payments.  

 

People who are ''self-employed'' in an unincorporated business will also have to produce:

*a statement showing a breakdown of all payments to non-arm's-length parties like relatives, children, or new spouses, and

People who are ''self-employed'' by an incorporated business will also have to produce:

*a statement showing a breakdown of all payments to non-arm's-length parties like relatives, children, or spouses.

The court can make a variety of orders where someone is in need of protection, depending on what the circumstances are and which order makes the most sense. More information about these orders can be found in the section [[Family Violence]] in the chapter [[Other Family Law Issues]].