Supreme Court

Write an affidavit

Section 4: Spousal support (Optional)

 

I am the:

claimant
respondent
Child/children's names:

 

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General information

I swear this affidavit because:

1

I am applying to this Court for spousal support in accordance with the federal spousal support advisory guidelines.

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2

I am applying to this Court for spousal support retroactive to .

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3

I am responding to an application to this Court for spousal support.

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4

I am applying to this Court to change the spousal support order or agreement currently in place.

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5

I am applying to this Court to cancel or change the amount of arrears or interest I owe on spousal support.

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6

Other:

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7

The (claimant/respondent) and I have never lived together but have children together.

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The current spousal support arrangements are:

8

No spousal support is being paid.

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9

Spousal support has been paid by me as follows:

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10

Spousal support has been paid by the (claimant/respondent) as follows:

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11

Other:

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12

There are no previous agreements or orders about spousal support in place.

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13

There are previous agreements or orders of the court, dated , in place about spousal support. Attached as Exhibit in chronological order are copies of all agreements or orders regarding spousal support.

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14

The previous agreement or order was filed with the Family Maintenance Enforcement Program on .

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15

As of , has accrued in arrears for unpaid spousal support pursuant to an agreement or order. Attached as Exhibit is a copy of the Family Maintenance Enforcement Program account showing the support and arrears owing as of .

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16

I am asking that the previous agreement or order about spousal support be changed because of a change in my income or employment as of , as follows:

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17

I am asking that the previous agreement or order about spousal support be changed because of a change in the (claimant/respondent) income or employment as of , as follows:

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18

I am asking that the previous agreement or order about spousal support be changed because of a change in circumstances as of , as follows:

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19

I am asking that the previous agreement or order about spousal support be reviewed because it provides for a review of spousal support upon the following date, event, or occurrence:

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20

I am asking that the previous agreement or order about spousal support be reviewed because I have begun receiving benefits under a pension.

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21

I am asking that the previous agreement or order about spousal support be reviewed because the (claimant/respondent) has begun receiving benefits under a pension.

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22

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23

Attached as Exhibit are copies of.

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Income for spousal support

24

My guideline income is and I do not expect it to change.

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25

My guideline income is and I expect it to change as follows:

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26

I am employed full time as a

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27

I am employed part time as a

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28

I do not know the income of the (claimant/respondent).

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29

I believe that the income of the (claimant/respondent) is based on these facts:

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30

According to their sworn Financial Statement dated , the (claimant/respondent) guideline income is .

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31

The (claimant/respondent) is employed full time as a

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32

The (claimant/respondent) is employed part time as a

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33

I believe the Financial Statement of the (claimant/respondent) is inaccurate because

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34

I believe the (claimant/respondent) is under-employed or could be earning a higher income because .

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35

I believe the (claimant/respondent) income should be imputed at for the purposes of determining the amount of spousal support.

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36

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37

Attached as Exhibit are copies of .

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Entitlement to spousal support

My role during the relationship was as follows:

38

Homemaker and primary caregiver for our children. I was not employed outside the home.

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39

I was employed outside the home part time as a

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40

I was responsible for most of the housework and childcare.

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41

I worked full time outside the home and was the sole income earner for the family.

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42

I worked full time and had the following family responsibilities:

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43

I worked part time and had the following family responsibilities:

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44

Other:

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The (claimant/respondent) role during the relationship was as follows:

45

Homemaker and primary caregiver for our children. The (claimant/respondent) was not employed outside the home.

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46

The (claimant/respondent) was employed outside the home part time as a

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47

The (claimant/respondent) was responsible for most of the housework and childcare.

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48

The (claimant/respondent) worked full time and was the sole income earner for the family.

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49

The (claimant/respondent) worked full time and had the following family responsibilities:

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50

The (claimant/respondent) worked part time and had the following family responsibilities:

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51

Other:

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52

The (claimant/respondent) and I shared the household chores and care of our children as follows:

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53

My educational background is

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54

Prior to the relationship/having children, I had the following potential opportunities:

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55

During the relationship, I had the following opportunities:

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56

The (claimant/respondent) educational background is

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57

During the relationship, the (claimant/respondent) had the following opportunities:

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58

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59

Attached as Exhibit are copies of

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Recipient-only clauses

60

I am not able to work because

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61

I work part time because

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62

Since separation, I have taken the following steps to gain financial security:

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63

I plan to re-train or upgrade my skills and employability by

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64

My future employment plans are

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65

My financial costs are more than my income because

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66

In order for me to become self-sufficient, I would need

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67

I need spousal support because

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68

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69

Attached as Exhibit are copies of.

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Payor-only clauses

70

I do not have the ability to pay spousal support because

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71

I am currently unemployed as of because

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72

I am working part time because

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73

I am actively seeking full-time or more gainful employment by

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74

I plan to re-train or upgrade my skills and employability by

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75

Even though my income decreased, I made efforts to pay the spousal support owed under the agreement or order, as follows:

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76

When I was unable to continue to pay my spousal support obligation, I tried to make changes to the spousal support by

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77

It would be grossly unfair if the arrears and interest owing for unpaid spousal support were not reduced or cancelled because of the efforts I have made to comply with the spousal support agreement or order.

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78

It would be grossly unfair if the arrears and interest owing for unpaid spousal support were not reduced or cancelled because of the following reasons:

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79

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80

Attached as Exhibit are copies of.

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Responding affidavit clauses

81

I am responding to an application by the (claimant/respondent) for an order for

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82

On or about , the following event occurred:

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83

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84

Attached as Exhibit are copies of

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Other information

85

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86

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87

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88

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89

Attached as Exhibit are copies of

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90

Attached as Exhibit are copies of

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91

Attached as Exhibit are copies of

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92

Attached as Exhibit are copies of

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