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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Legal Ease ok so I have to go to court in October (a

Customer Question

Legal Ease ok so I have to go to court in October (a previous court date set out to finalize child support and whether I owe back pay to my ex). In an interim order the judge has asked "each party will fully complete, file, and deliver to the other party
a sworn financial statement in form 4 of the provincial court family rules including all attachments listed on page 2 of that form and will include without limitation copies of their 2011, 2012, 2013, and 2014 income tax returns together with notice of assessments
and copies of documents confirming any income earned in 2015 income tax year up to the date of further disclosure, the date of further disclosure will be 45 days prior to hearing date set by the judicial case manager." So my question is according to the financial
statement instructions I only have to fill out the first part as there is no claim for spousal support or undue hardship. I have already done one of these statements and they said it wasn't complete but he doesn't say to actually complete the whole thing or
can they even ask for the rest of it if there isn't a claim for undue hardship or spousal support?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Who is asking? The court clerk or lawyer for your ex-spouse?
Customer: replied 1 year ago.
the judge asked for both or our financial statements and income tax returns, etc. I am wondering if I only fill out and file what the instructions on the financial statement say I have to can I argue that the judges instructions weren't clear nor do they have the legal right to ask for the other parts unless there is a claim for undue hardship? How will my son choosing to live here affect this next court case as well? There is an interim order for me to pay child support. Logan has been here since June 28th, would I be within my rights since he's living here now to stop paying the support and then explain the reasoning to the judge when we go to court in October?
Expert:  Legal Ease replied 1 year ago.

You should fill out the full statement and both of you should do that.

If your son is living with you instead this is a material change in circumstance and not only do you stop paying child support but you are now to receive child support instead.

You should deal with this now and not wait until October, if possible.

Customer: replied 1 year ago.
I need to fill out the parts that say assets and debts and expenses, even though it says to only do that if there is a claim for spousal support or undue hardship? It is extremely hard to get court dates in Nanaimo so I don't think I can get in until then
Expert:  Legal Ease replied 1 year ago.
You can try to leave it out but you may be required to provide this information.
You should ask about an urgent issue and see if you can get in soon.
Customer: replied 1 year ago.
When I asked about an urgent issue for Logan staying here in Alberta they told me at the court house that they don't do urgent filings? I am not sure about Nanaimo though.
Expert:  Legal Ease replied 1 year ago.

I would call and ask. Each courthouse is different depending on their size and staff etc.

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