Whether you are just beginning the divorce process or you have recently gone through it, you may now be facing the issue of determining child and spousal support.
Regardless of who is claiming support, it is essential that you and your ex-spouse disclose the required documents so the court (or your representatives) may assess the appropriate amount of applicable support. Our family lawyers in Coquitlam & Langley can help you through the process to make sure you get the information you need. If your ex-spouse fails to provide the documentation or appears to be concealing assets, we can pursue an order for disclosure and seek financial penalties against them.
Required Documents
The Supreme Court and Provincial Court have outlined rules for what documents should be shared and when they need to be shared. The disclosed documents must also be accurate and complete.
You will first be required to complete a Supreme Court Financial Statement Form F8. Along with the form, you must attach the following documents:
1. A copy of your last three (3) filed income tax returns; and,
2. A copy of each income tax Notice of Assessment (and Reassessment) issued to you by Canada Revenue Agency in the three (3) most recent tax years.
Other Attachments Based on Employment Status
Further attachments are required depending on your employment status. For example, you must include the most recent statement of earnings or a letter from your employer detailing your total earnings to date in the year and your annual salary if you are an employee. If you are receiving workers’ compensation benefits, you must include the three most recent benefit statements. If you are self-employed, you must include a copy of the business’ financial statements for the three (3) most recent tax years along with statements showing all non-arm’s length expenses and payments. If you are a partner in a business, you must include proof of your income drawn from the partnership and capital invested in the partnership for the three (3) most recent tax years.
Special Expenses
Special and extraordinary expenses are expenses that are beyond the amounts in the child support guidelines. Some categories of special expenses that a court might award include child care, medical/dental insurance premiums, health-related expenses, tutoring, expenses for post-secondary education, private schooling and extracurricular activities. If the order or agreement includes special expenses, both you and the other parent or caregiver must provide information about the status and amount of the expenses as well as any loans, scholarships or bursaries the child has received or will receive in the coming year that will affect the Section 7 expenses.
Amending Spousal/Child Support
There are a few circumstances in which you may apply to the court to vary a Court Order for child or spousal support. One reason to apply for a variation of a support order is if your financial circumstances have changed. For example, in Lochhead v. Lochhead, 2010 BCSC 1048 (CanLII), the Defendant sought an Order to reduce or cancel spousal support and cancel the arrears owed in support due to a significant decline in his financial circumstances. The court found the Defendant proved a significant change in financial circumstances and varied the support order to reduce the monthly amount. Further, the court placed a time limit on the duration of the support. Another reason you may apply to the court to vary an Order is if your ex-spouse failed to provide accurate financial information or did not fully disclose assets in their Financial Statement.
Speak to Valerie M. Little Law Corporation For a Family Lawyer in Langley & Coquitlam
A divorce lawyer at our firm is experienced in applications for obtaining or varying child and spousal support orders. If you are looking for representation on your matter or if you have any questions about the process, do not hesitate to call our office at 604-526-3333 to schedule your confidential consultation.