Child Support Affidavit SC FORM PDF

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Form F37 (Rule 10-10(2))

How many affidavits have you filled out in this family law case? Number this affidavit accordingly. This top section (court file no., registry, roles, and names) should be the same as what’s on the original Notice of Family Claim (Form F1 or F3). If filing jointly, change Claimant and Respondent to Claimant 1 and 2. Press the Tab key after selecting different roles as some of the wording in the rest of the form will change.

This is the of

« your name

and was made on

affidavit in this case,

« dd/Mmm/yyyy

Court File No.: Court Registry:

In the Supreme Court of British Columbia Your full legal names, including also known as:

Claimant:« role Respondent:« role

CHILD SUPPORT AFFIDAVIT Starting from this section, don’t hit the Tab key to go from grey field to grey field. You may delete any instructions in red if you wish. The following two lines are for those filling out this affidavit separately. If you’re filling it out together, delete:

I, name, of address, occupation, SWEAR (OR AFFIRM) THAT: 1.

I am .

The following three lines are for those filling out this affidavit together. If you’re filling it out separately, delete:

We, name, of address, occupation, and name, of address, occupation, SWEAR (OR AFFIRM) THAT: 1.

We are claimant 1 and claimant 2.

Continue with #2:

2.

The following is true to the best of my information and belief: (a) Parties:

Your names will come up automatically, but fill in where you live.

Error: Reference source not found’s name Error: Reference source not found Error: Reference source not found’s name

Province of residence Province of residence

Error: Reference source not found (b)

Children: List the children who you or your spouse want child support for. If they are 19 or over, you’re seeking child support because they’re in school or have an illness or disability that prevents them from becoming independent. Format the dates as dd/Mmm/yyyy (01/Jan/2000). Under Child now living with: the

Form F37 | Updated February 2019

claimant / the respondent / the petitioner / claimant 1 / claimant 2 / both parties; if none of the previous, type in the relationship to the child (aunt, grandmother, etc.). If there are more than five children, place your cursor in the last cell and hit Tab to create a new row.

Child’s name

Birthdate

Age

Child now living with

Relationship to Error: Reference source not found

Relationship to Error: Reference source not found

Pick one of the paragraphs marked #3 and delete the others. In the grey box, type out one of the three options listed. (Notice of Family Claim = Form F3, Notice of Joint Family Claim = Form F1, and Counterclaim = Form F5.)

3.

The notice includes a claim for a child support order.

3.

The notice included a claim for a child support order but that claim has been withdrawn.

3.

The notice never included a claim for a child support order.

Are you or your spouse making a claim for child support, and do one or both of you have to provide financial information? Pick one or more of 4a, 4b, and 4c and delete the ones that don’t apply, including 4d. Otherwise include only 4d.

4a. The claimant’s annual income as determined under sections 15 to 20 of the Guidelines: $amount 4b. The respondent’s annual income as determined under sections 15 to 20 of the Guidelines: $amount 4c. The claimant and the respondent have entered into an agreement as to income pursuant to section 15 (2) of the Guidelines, a copy of which agreement is attached. « Are you filing an Agreement as to Annual Income (Form F9) instead of a Financial Statement (Form F8)? Attach a copy of the Agreement to this affidavit.

4d. Section 4 is omitted as inapplicable. Pick either of the paragraphs marked #5 and delete the other. For the first paragraph, see Child support. You’d select the second paragraph if one of you is claiming an amount different from what’s specified in the guidelines.

5.

The monthly amount in Schedule 1 of the Guidelines is $amount, payable by .

5.

I have completed and attached to this affidavit Supplementary Child Support Fact Sheet B.

Attach, if necessary, one or more of the fact sheets that are at the end of this form: Fact Sheet B: Each parent has at least 40 percent of all parenting time (or has custody of or access to the children for 40 percent of the time). Fact Sheet C: You have two or more children, and each parent has custody of or most of the parenting time with one or more of those children. Fact Sheet D: At least one of the children either of you are claiming support for is 19 or older. Form F37 | Updated February 2019

Fact Sheet E: One of you is claiming undue hardship. Fact Sheet F: One parent’s income is over $150,000.

Pick one of the five paragraphs marked #6 and delete the others. This first paragraph is for those following the Federal Child Support Guidelines, but select the fourth paragraph instead if you already have a separation agreement.

6.

The proposed order sets out that $amount is the amount of child support payable by , which amount accords with the child support guidelines. This next paragraph is for those who’ve agreed that the payments will be different from what’s specified in the federal guidelines. (Note that you’ll have to show that reasonable arrangements have been made for the children.)

6.

The proposed order by consent, pursuant to section 15.1 (7) of the Divorce Act (Canada) or section 150 (2) of the Family Law Act, sets out that $amount is the amount of child support payable by the , which amount is different than the amount required by the Guidelines. This next paragraph is if one of you is claiming an amount that is different from what’s specified in the federal guidelines and the other party doesn’t consent to it. You’ll have to show that you’ve made special provisions for the benefit of the children (an example would be paying a lump sum) and that applying for the guidelines amount would be unfair.

6.

The proposed order sets out that $amount is the amount of child support payable by , which amount is different than the amount required by the Guidelines, but the following special provisions, within the meaning of section 15.1 (5) of the Divorce Act (Canada), have been made: special Pick the following if you selected 4(c) above—you have a previous agreement about child support.

6.

The proposed order sets out that $amount is the amount of child support payable by , in accordance with the agreement referred to in section 4 (c) of this affidavit. Pick the following if neither of you is making a claim for child support.

6.

The proposed order does not include child support but the following arrangements have been made for the support of the child: arrangements

This section deals with special or extraordinary expenses.

7.

The expenses under section 7 of the Guidelines are not included in the proposed order.

7.

I have completed and attached to this affidavit Supplementary Child Support Fact Sheet A, and the amount set out in the proposed order for the expenses under section 7 of the Guidelines (“section 7 expenses”) is $amount.

Pick one or more of the following.

8a. Medical coverage is available for the children under the claimant’s medical insurance plan. Form F37 | Updated February 2019

8b. Medical coverage is available for the children under the respondent’s medical insurance plan. 8c. Medical coverage is not available for the children under either of the parties’ medical insurance plans. Pick either of the paragraphs marked #9 and delete the other. Has there been a previous court order (or orders) for child support? If so, photocopy it and label it with Exhibit A or B, or whatever may be the case.

9.

There is no order of any court in force dealing with support of the children.

9.

Attached as Exhibit is the order(s) in force that deal(s) with the support of the children.

Pick either of the paragraphs marked #10 and delete the other. Do you have a previous agreement about child support?

10. There is no agreement dealing with support of the children. 10. Attached as Exhibit is the written agreement(s) that deal(s) with the support of the children. Enter today's date, and type in nil (for $0) or the amount in arrears.

11. The amount of arrears of child support, as at dd/Mmm/yyyy, under any existing order or written agreement is nil. The left-hand section below is for the person swearing your documents (the notary, lawyer, or commissioner). He or she will also get you to sign in the right-hand section below in front of him or her (do not sign until then). This signature section will automatically go on the same page as the previous paragraph.

SWORN (OR AFFIRMED) BEFORE ME at ,« town or city British Columbia on « dd/Mmm/yyyy A commissioner for taking affidavits for British Columbia [print name or affix stamp of commissioner]

) ) ) ) ) ) ) ) ) ) ) )

Delete the following section if you’re filing this affidavit separately:

Form F37 | Updated February 2019

SWORN (OR AFFIRMED) BEFORE ME at ,« town or city British Columbia « dd/Mmm/yyyy on A commissioner for taking affidavits for British Columbia [print name or affix stamp of commissioner]

Form F37 | Updated February 2019

) ) ) ) ) ) ) ) ) ) ) )

SUPPLEMENTARY CHILD SUPPORT FACT SHEET A — SPECIAL OR EXTRAORDINARY EXPENSES

Section 7 expenses (net of tax credits and contributions from child(ren), etc.) Annual

Monthly

(a) Child care expenses (b) Portion of medical and dental premiums attributable to the child(ren) (c) Health related expenses that exceed insurance reimbursement by at least $100 (d) Extraordinary primary, secondary or other educational expenses (e) Post-secondary school expenses (f) Extraordinary extracurricular activities expenses (g) Total Section 7 expenses $

$

Parties’ respective proportionate shares of the total net monthly Section 7 expenses referred to at line (g) above: The proportionate share is the proportionate incomes of the parties. For example, if the respondent earns 50K and the claimant earns 30K, the respondent’s share is 62.5% and the claimant’s share is 37.5%. (Divide your income by the total of both your incomes.)

%

Amount (Annual)

Error: Reference source not found’s proportionate share

$

Error: Reference source not found’s proportionate share

$

Total monthly child support payable by after taking into account the monthly Guidelines table amount under Schedule 1 of the Guidelines and the Section 7 expenses is $ . To calculate this total monthly child support, divide the annual amount listed in this last table by 12 and add that to the basic monthly child support he or she needs to pay.

SUPPLEMENTARY CHILD SUPPORT FACT SHEET B — IF THE CIRCUMSTANCES DESCRIBED IN SECTION 9 OF THE CHILD SUPPORT GUIDELINES EXIST

Fill out and attach this fact sheet if each parent has at least 40 percent of all parenting time (or has custody of or access to the children for 40 percent of the time).

Error: Reference source not found Number of children = Approximate percentage of time children spend with each parent Annual Guidelines income

Error: Reference source not found

%

%

$

$

$

$

What you filled out in #4a and #4b above.

Guidelines table amount For help on figuring out the table amount, see Child support.

Difference between the Guidelines table amount of the claimant and the Guidelines table amount of the respondent

$ $

Section 7 expenses paid directly by each party

$

Did you fill out Fact Sheet A (special or extraordinary expenses)? You can fill in your monthly proportionate share (the annual amount you filled in in the last table divided by 12).

Any other relevant information regarding the conditions, means, needs and other circumstances of each spouse or of any child for whom support is sought:

It is proposed that child support in the amount of $

per month be paid by

.

Fill in what you think (or if this is an uncontested divorce, what you have agreed) the monthly child support amount should be including special or extraordinary expenses.

SUPPLEMENTARY CHILD SUPPORT FACT SHEET C — IF THE CIRCUMSTANCES DESCRIBED IN SECTION 8 OF THE CHILD SUPPORT GUIDELINES EXIST

Fill out and attach this fact sheet if you have two or more children, and each parent has custody of or most of the parenting time with one or more of those children.

(a) Number of children principally resident with the claimant for whom support is claimed (b) Error: Reference source not found’s annual Guidelines income

$

What you filled out in #4b above.

(c) Guidelines table amount payable by the respondent for Error: Reference source not found children « This no. will be automatically filled in with (a)

$

(d) Number of children principally resident with the respondent for whom the claimant is obliged to pay support (e) Error: Reference source not found’s annual Guidelines income

$

What you filled out in #4a above.

(f)

Guidelines table amount payable by the claimant for Error: Reference source not found children « This no. will be automatically filled in with (d)

Difference between Guidelines table amounts: $

$

« calculate the difference between (c) and (f)

SUPPLEMENTARY CHILD SUPPORT FACT SHEET D — CHILD 19 YEARS OR OLDER

(a) Number of child(ren) 19 years of age or older for whom support is claimed: (b) Child support is to be paid by

(the “payor”)

(c) Monthly Guidelines table amount of the payor under Schedule 1 of the Guidelines: $ « What you filled out in #5 above. Pick either of the following paragraphs and delete the other:

The person swearing this affidavit says that the Guidelines table amount is appropriate. The person swearing this affidavit says that the Guidelines table amount is inappropriate and that the appropriate amount would be $amount for the following reasons: Why do you think the court should approve your proposed amount? Describe the condition, means, needs, and other circumstances of the child, and the financial ability of each parent to provide support to the child.

reasons

SUPPLEMENTARY CHILD SUPPORT FACT SHEET E — UNDUE HARDSHIP

Fill out and attach this fact sheet if one of you is claiming undue hardship. Note that In any claim for hardship, the court also compares the standards of living of the two households. The court will refuse this claim if it would result in the payor's household having a higher standard of living than the recipient’s. Fill in the sections that apply to your situation. To add rows to a table, place your cursor in the right-hand cell of the last row and hit Tab.

1.

Responsibility for unusually high debts reasonably incurred to support the family before separation or in order to earn a living

Owed to

2.

Terms of debt (details)

Unusually high expenses for exercising parenting time or contact with, or access to, a child

Details of expense

3.

Monthly Amount

Legal duty under a court order or separation agreement to support another person

Name of person

4.

Monthly Amount

Relationship

Nature of duty

Legal duty to support a child, other than a child for whom support is claimed, who is (a) under age 19, or (b) 19 or older but unable to support himself or herself because of illness, disability or other cause This includes having to make support payments to children of another family (e.g., from a previous marriage).

Name of person

5.

Relationship

Nature of duty

Legal duty to support a person who is unable to support himself or herself because of illness or disability

Name of person

Relationship

Nature of duty

6.

Other undue hardship circumstances provide

INCOME OF OTHER PERSONS IN HOUSEHOLD Name of person

Annual income

Total

SUPPLEMENTARY CHILD SUPPORT FACT SHEET F — INCOME OVER $150,000

For help on figuring out the table amount, see Child support. Do not use the Child Support Online Lookup Tool, however. You’ll have to look up these figures in the actual tables.

1.

Total number of children for whom support is claimed =

2.

Guidelines table amount for $150,000 =

3.

Plus

% of income over $150,000 =

(This percentage is listed in the guidelines tables)

4.

Guidelines table amount $

Pick one of the following four paragraphs and delete the others:

We have agreed on the Guidelines table amount set out in line 4 above as the amount of child support. We have agreed on an amount of child support that differs from the Guidelines table amount and the amount of child support agreed on (a) is $amount, and (b) differs from the Guidelines table amount because provide Why do you think the court should approve your proposed amount? Discuss the condition, means, needs, and other circumstances of the child, and the financial ability of each parent to support the child/children.

We have not agreed on an amount of child support and the amount of child support is claiming is the Guidelines table amount set out in line 4 above. We have not agreed on an amount of child support and the amount of child support is claiming (a) is $amount, and (b) differs from the Guidelines table amount because provide Why do you think the court should approve your proposed amount? Discuss the condition, means, needs, and other circumstances of the child, and the financial ability of each parent to support the child/children....