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  • #16
    It’s a long motion. Affidavit can be filed up to 7 days before I believe. Has anyone written a factum before.

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    • #17
      Originally posted by Stacey81 View Post
      It’s a long motion. Affidavit can be filed up to 7 days before I believe. Has anyone written a factum before.
      search factum on this site

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      • #18
        Should I file an affidavit and a factum?

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        • #19
          Should I file an affidavit and a factum?
          Yes.

          Affidavit is evidence of facts.

          Factum is a summary of the facts and how the law applies under the circumstances. Factums are divided into three main parts:

          PART 1 - ORDERS REQUESTED
          PART 2 - FACTS (cite the various affidavits here)
          PART 3 - LAW AND ANALYSIS (state the law, and how the law applies to the facts, ideally in a way that is consistent with your desired outcome)

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          • #20
            Could the legal system be less accessible to the average person?
            Even those with lots of education, smarts and experience are perplexed.
            Justice? Only maybe for those with very deep pockets and even then not really.
            Cynical? yes guilty

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            • #21
              Anyone know of any cases on Canlii about stopping support for adult child not attending full time school.

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              • #22
                There aren’t any that I have found.

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                • #23
                  Can someone please explain the form 20. I have a motion hearing on April 6 and would like to request info from my ex.
                  1.Am I only able to request financial information?
                  2. Can I request my daughter school enrolment. This is what this whole case is about.

                  Some answers here say yes and some no. Just looking for clarification

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                  • #24
                    Of course you can. Fill out the form, ask for anything and everything, give them a month, serve and file it. Then attach it to your motion material and explain how you haven't recieved it yet. If you're paying because child is in school, then you should receive proof.

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                    • #25
                      Does anyone have a simple offer to settle sample?

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                      • #26
                        The respondent shall pay to the applicant, beginning March 1, 2020, the sum of $xxx for the support of kid born date. The respondents income for support purposes is $xx,xxx and the support is based upon the child support guidelines. The obligation to provide support to the applicant will continue for so long as the child continues to be a “child of the marriage” as defined by the divorce act.

                        The respondents obligation to support the child will terminate when the child turns 18 and is no longer in a program of full time study or upon completion of their first degree.

                        The applicant will advise the respondent within 7 days of the child ceasing to be a child of the marriage and will sign all necessary documents to terminate the collection of child support if applicable.

                        The respondent shall pay to the applicant the sum of $xxxx in full and final satisfaction of any outstanding arrears of child support and/or section 7 expenses.

                        The applicant will provide proof of enrollment in a full time program of study and progress updates on an ongoing basis for each child they are seeking support for.

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                        • #27
                          Thank you so much for this. Is there a specific form for this or just do it as a letter?

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                          • #28
                            You can do it as a letter. My husband’s lawyer had a form which was basically all the stuff at the top of a conference form and then the offer below.

                            The settlement conference brief also has a section for an offer to settle.

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                            • #29
                              Has anyone ever asked that their income be based on amount after pension deductions. I pay into a mandatory pension so my gross vs my net is quite different. Also can I ask that the dependant insurance I have to pay be taken into account.

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                              • #30
                                No. Its your gross pay.

                                You could try to argue it but it may be seen as you unfairly trying to reduce because of a future benefit to you.

                                If your pension deduction is that high you should be speaking to your employer. They aren’t allowed to withdraw more than a certain percentage.

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