How to fill out an Affidavit in response to by gtu20753

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									How to fill out an Affidavit in response to the application

If you click on the numbers below, you’ll link to where those phrases appear on a sample
Affidavit. And clicking on the numbers on the sample Affidavit will bring you back to this
instruction page.


1     At the top right-hand corner of your Affidavit, above the court file number, put your initial(s)
      and surname, a number (for example, “#1”) that you will use to keep track of your Affidavits
      (since you may have more than one), and the date on which the Affidavit is made (sworn):
      Sample:          J. Doe #1
                      July 24, 2001


2     “No…”
      Insert the court file number here. You can find this number at the top right-hand corner of
      your original support order.


3     “…Registry”
      Insert the name of the registry. You can find this name at the top right-hand corner of your
      original support order.


4     “BETWEEN:” and “AND:”
      Insert your name, exactly as it appears on your original support order, to the left of the word
      “Plaintiff” or “Defendant” (see your original support order to find out if you are the plaintiff or
      the defendant).
      Insert the other parent’s name, exactly as it appears on your original support order, to the left
      of either “Plaintiff” or “Defendant” (again, see your original support order to find out if the other
      parent is the plaintiff or defendant).
      Note: The words “petitioner” and “respondent” are no longer used on Supreme Court forms. If
      you were the petitioner in the original support order, you are now called the “plaintiff.” If you
      were the respondent in the original support order, you are now called the “defendant.”


5     “I,… of…”
      Insert your name and occupation in the first space, and your address in the second space.
      If you do not want the other party to know where you live, delete or cross out “of,” insert
      the abbreviation “c/o,” and write in a friend or relative’s name and address in the second
      space.



How to respond to an application to raise child support if you do not agree        Instructions for forms — Page 1 of 9
Supreme Court, information for payors — Affidavit in response to the application
6     “[Background — delete if not applicable … 1. I am the…”
      Insert the word “plaintiff” or “defendant,” depending on what you were in the existing
      support order.


7     “2. On…”
      Insert the date that your original support order was made.
      “paid to the … for”
      Insert the word “plaintiff” or “defendant,” depending on what the other party was in the
      original support order.


8     “Name” and “Date of birth”
      Insert the name and birth date of each child you are currently paying child support for.


9     “in the sum of $...”
      Insert the amount of support you are currently paying for each child or the total amount of
      support you are currently paying if the original order does not specify the amount per child.
      Delete the option (“per child” or “total”) that does not apply.
      “starting”
      Insert the date you started paying this support.


10 “3. I have read the Affidavit of … and make this Affidavit in reply to it.”
      Insert the words “the plaintiff” or “the defendant,” depending on what the other party was in
      the original child support order.


11 “4. The following custody arrangements apply to the children:”
      Insert a description of the custody arrangements (from your custody order or agreement)
      that apply to your children. Refer to the order or agreement by date (for example, “the
      court order made August 17, 1999”).
      If you want to claim that the children now reside with you 40 percent or more of the time,
      clearly set out any changes to the original custody and access arrangements. If you have
      anything in writing that documents these changes, attach this as an exhibit.


12 “5. The following access arrangements apply to the children:”
      Insert a description of the access arrangements (from your custody order or agreement)
      that apply to your children. Refer to the order or agreement by date (for example, “the
      court order made August 17, 1999”).

How to respond to an application to raise child support if you do not agree        Instructions for forms — Page 2 of 9
Supreme Court, information for payors — Affidavit in response to the application
13 “6. My current monthly income and expenses are set out in my Form 89 Financial…”
      You do not need to do anything here if you have filed your Financial Statement (Form 89)
      and had a copy served on the other party.


14 “7. The current source and annual guideline amount … Source:”
      Insert the name of your current employer or other sources of income (such as Employment
      Insurance, income assistance, or investment income). List all your sources of income.
      “Annual guideline amount:”
      Your annual guideline income is your total income from your T1 General Form issued by
      the Canada Revenue Agency, adjusted following Schedule III of the Federal Child Support
      Guidelines. Adjustments that are allowed include union dues. To calculate this amount,
      see Step 5: Calculate annual income of The Federal Child Support Guidelines: Step-by-
      Step on the Canada Department of Justice website. Insert this amount in the second
      space. You should already have calculated your guideline income when you completed the
      Financial Statement (Form 89).


15 Paragraphs 8 and 9 are not required unless the other party is applying for special or
   extraordinary expenses or other additional payments. Delete all paragraphs numbered 8
   and 9 if the other party did not file a Financial Statement (Form 89) because the only issue
   is basic child support for children under 19).
      “8. I agree that the current source and annual guideline amount…”
      If the recipient was required to provide income information and you agree with it, insert the
      date of the recipient’s Affidavit in the first space and the date of his or her Financial
      Statement in the second space. Delete the second item #8 (the one that starts “I do not
      agree”) and both items numbered 9 (“9. To the best of my belief and knowledge…” and “9.
      I believe income of $...”).
      “8. I do not agree that the current source and annual guideline amount…”
      If the recipient was required to provide income information and you do not agree with it,
      delete the first item #8 (the one that starts “8. I agree that the current source…”), insert the
      date of the recipient’s Affidavit into the first space of the second #8, and the date of his or
      her Financial Statement into the second space.
      “I disagree because:”
      Explain why you disagree with the financial information provided by the recipient, if
      applicable.
      “9. To the best of my belief and knowledge, the applicant’s income is $…”
      If you know exactly how much the recipient’s income is, insert that amount in the first
      space.
      “Because”

How to respond to an application to raise child support if you do not agree        Instructions for forms — Page 3 of 9
Supreme Court, information for payors — Affidavit in response to the application
      Explain how you calculated the recipient’s guideline amount of income.
      “9. I believe income of $... should be imputed to the applicant because”
      If you are not sure exactly how much the recipient is earning, but you have an approximate
      idea, insert that amount in the first space and explain why you believe the recipient is
      earning this amount.
      Note: You can ask the judge/master to impute income to the other party if he or she did
      not provide the required information. To do this, the judge will need to see reliable
      evidence in your Affidavit about what the other party’s financial circumstances are. Explain
      here what you know about the other party’s financial circumstances and how you know it.
      Get legal advice if you are asking the judge to impute income to the other party. See also
      Section 19 of the Federal Child Support Guidelines.


16 “10. The children have special or extraordinary expenses of $... per month, as
   follows:”
      Insert the total amount of any special or extraordinary expenses for the children in the first
      space and describe them in the second space. Set out each item and its monthly cost. For
      example, you might include any of the following that apply:
      •     Child care expenses of $… a month for … [insert name of child(ren)]
      •     Medical or dental insurance premiums of $… a month for … [insert name of child(ren)]
      •     Health-related expenses that are at least $100 per year more than my insurance will
            cover for … [specify type of expense, such as braces] for … [insert name of child(ren)]
      •     Private school or university/college fees of $... per month for … [insert name of
            child(ren)]
      •     The cost of extracurricular activities [set out type of activity] of $... per month for …
            [insert name of child(ren)]
      Attach receipts for these expenses as exhibits to this Affidavit.


17 “11. Based on my guideline income of $… and the other party’s guideline income of
   $…”
      Insert your guideline amount of income in the first space. Insert the other party’s guideline
      income (copied from the other party’s Financial Statement [Form 89]) or what you believe
      to be the other party’s guideline income in the second space. Insert the amount you should
      pay toward the special or extraordinary expenses in the third space, and the amount the
      recipient should pay in the fourth space. Delete “payor/” and “raised” or “lowered,”
      whichever applies, and insert the amount you believe the recipient should be contributing
      towards the special or extraordinary expenses.




How to respond to an application to raise child support if you do not agree        Instructions for forms — Page 4 of 9
Supreme Court, information for payors — Affidavit in response to the application
      Note: You cannot choose how much you want to contribute towards these expenses.
      Section 7 of the Federal Child Support Guidelines sets out that special or extraordinary
      expenses must be shared by both parties in proportion to their respective incomes. Get
      legal advice or help from a family justice counsellor or family duty counsel if you need help
      to calculate this amount.


18 “…”
      Add additional paragraphs to explain why you think the expenses are unnecessary or do
      not qualify as special or extraordinary expenses under section 7 of the Federal Child
      Support Guidelines if the recipient has claimed for expenses that you think are not
      necessary or should not be paid for.
      Add additional paragraphs if you want to claim that you cannot pay your portion of the
      special or extraordinary expenses or basic child support due to undue hardship.
      Note: Get legal advice if you want to make an undue hardship claim, as you will need to
      get and complete additional forms that that this self-help guide does not provide
      instructions for.


19 “12. The amount of any arrears of child support is $...”
      Arrears are past support payments that have not been paid. Insert how much child support
      you still owe (if any). Explain why you have fallen behind in your payments and how you
      are dealing with or plan to deal with that, and why you cannot pay even more support now.


20 “13. I am swearing this Affidavit to oppose an application to raise/lower the
   amount…”
      Delete “/lower.”


21 “SWORN (OR AFFIRMED) BEFORE ME…”
      Do not sign the Affidavit now. You must swear that the information you give here is true
      by signing this Affidavit and the Financial Statement (Form 89) in front of a lawyer, notary
      public, or court clerk at the court registry. Then the lawyer, notary public, or court clerk
      signs the form and prints/types/stamps his or her name above or below that signature.
      (See the step on swearing documents for more information.) Make sure that you tell the
      lawyer, notary public, or court clerk if you have any exhibits or attachments.
      Note: The Affidavit must contain a legible name for the person before whom it is sworn or
      it will not be accepted by the court.


22 “Party”
      This is where you will sign the form (in front of a lawyer, notary public, or court clerk).

How to respond to an application to raise child support if you do not agree        Instructions for forms — Page 5 of 9
Supreme Court, information for payors — Affidavit in response to the application
23 Attach documents.
      If you have other exhibits or attachments (for example, documents about your income and
      expenses that the judge or master can read to verify your claim of undue hardship), attach
      them to your Affidavit.
      You can also attach other documents to support your response, such as an order or
      agreement requiring you to support another family. Refer to each of these attachments
      when you first mention them.
      Before you attach the documents to your Affidavit, put them in the order that they are
      mentioned in the Affidavit. Identify each one by printing "Exhibit" and then the correct letter
      (A, B, C, etc.) that you are using to identify the document. Attach them to your Affidavit
      after the page with your signature.
      Make sure all the pages of your Affidavit (including any attachments) are numbered and in
      order (for example, if you sign on page 5, the next page is 6, then 7, etc.)




How to respond to an application to raise child support if you do not agree        Instructions for forms — Page 6 of 9
Supreme Court, information for payors — Affidavit in response to the application
        1                                                                                              ……………………………
                      SAMPLE                                                                           ……………………………

        2                                                                                               No. ………………………

        3                                                                                                ………………… Registry



                                           IN THE SUPREME COURT OF BRITISH COLUMBIA

        4 BETWEEN:

                                                                                                                             Plaintiff

        4 AND:

                                                                                                                           Defendant



                                                                     AFFIDAVIT


        5 I, …………………………………………, of ………………………………………………………………..,
            MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THAT:

        6            1.   I am the …………………………………… and know or firmly believe the following facts to be true.
                          Where these facts are based on information from others, I firmly believe that information to be true.

        7            2.   On ………………………………………… an order was made requiring child support to be paid to
                          the …………………………………………………… for:

        8                 Name                                                     Date of birth

                          …………………………………………..                                       ………………………………………………

                          …………………………………………..                                       ………………………………………………

        9                 in the sum of $ ………………… per child/total, starting ………………………………………

      10             3.   I have read the Affidavit of …………………………………………………… and make this
                          Affidavit in reply to it.

      11             4.   The following custody arrangements apply to the children: …………………………………….


                          ……………………………………………………………………………………………………



How to respond to an application to raise child support if you do not agree                        Instructions for forms — Page 7 of 9
Supreme Court, information for payors — Affidavit in response to the application
      12             5.   The following access arrangements apply to the children: ………………………………………

                          ……………………………………………………………………………………………………

                          ……………………………………………………………………………………………………

      13             6.   My current monthly income and expenses are set out in my Form 89 Financial Statement, which has
                          been filed with the court and a copy given to the other party.

      14             7.   The current source and annual guideline amount of my income are as follows:

                          Source: ………………………………                            Annual guideline amount: …………………………..

      15             8.   I agree that the current source and annual guideline amount of the applicant’s income are as set out in
                          his/her Affidavit dated …………………………………… and Financial Statement (Form 89) dated
                          …………………………………………………….

                     OR

                     8.   I do not agree that the current source and annual guideline amount of the applicant’s income are as set
                          out in his/her Affidavit dated …………………………………… and Financial Statement (Form 89)
                          dated ……………………………………………………. I disagree because:

                          ……………………………………………………………………………………………………


                          ……………………………………………………………………………………………………


                          AND


                     9.   To the best of my belief and knowledge, the applicant’s income is $……………………………

                          because …………………………………………………………………………………………

                          ……………………………………………………………………………………………………


                          OR


                     9.   I believe income of $…………………………… should be imputed to the applicant because:

                          ……………………………………………………………………………………………………




How to respond to an application to raise child support if you do not agree                      Instructions for forms — Page 8 of 9
Supreme Court, information for payors — Affidavit in response to the application
      16               10. The children have special or extraordinary expenses of $ …………………… per month, as follows:


                               ……………………………………………………………………………………………………


                               ……………………………………………………………………………………………………



      17               11. Based on my guideline income of $…………………………… and the other party’s guideline income
                              of $……………………………, our contributions towards the monthly cost of the above expenses
                              should be $…………………………… and $……………………………, respectively. Accordingly,
                              the amount paid by the payor/recipient towards these expenses should be raised/lowered to
                              $……………………………

      18                       ……………………………………………………………………………………………………


                               ……………………………………………………………………………………………………


      19               12. The amount of any arrears of child support is $……………………………


                               ……………………………………………………………………………………………………


      20               13. I am swearing this Affidavit to oppose an application to raise/lower the amount of child support.

      21 SWORN (OR AFFIRMED) BEFORE
            ME at the city of                                                )
            ..............................................................   )
            in the province of British Columbia                              )
            on ..............…...…............................…              )
                                                                             )
      22                                                                     )   .............................................................…..
                                                                             )   Party
            .............................................................    )
            A commissioner for taking                                        )
            Affidavits in British Columbia                                   )


      23




How to respond to an application to raise child support if you do not agree                                                Instructions for forms — Page 9 of 9
Supreme Court, information for payors — Affidavit in response to the application

								
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