FAMILY LEGAL SERVICES

CHANGE OF NAME

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• navigate change of name process

• prepare initial change of name forms to Registrar General

• if not granted, prepare and file change of name family court application under Section 7(3) of the Change of Name Act and Rule 35 of the Family Law Rules

 

DIVORCE

• prepare joint or uncontested divorce application materials if:

• both parties ordinarily reside in Canada, and

• the claim is for divorce only

 

ENFORCEMENT PROCEEDINGS

 

• negotiate resolutions with the Family Responsibility Office (FRO) (e.g., payment plan or alternate payment schedule) and navigate different enforcement mechanisms

• prepare court material and represent the payor in the enforcement of a support obligation or related costs in a court order or a domestic contract filed with the court under the Family Responsibility and Support Arrears Enforcement Act (e.g., bringing a Motion to Refrain to prevent the suspension of the driver's license)

• respond to FRO support enforcement court proceedings (default hearings)

 

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FILE DOMESTIC CONTRACTS

 

 

• prepare court material under Rule 26(9) of the Family Law Rules

• file a domestic contract with the court for enforcement under Section 35(1) of the Family Law Act if all the parties to the contract ordinarily reside in Canada

 

 

MOTIONS TO CHANGE CHILD SUPPORT

 

     Can draft court materials and argue motions to change child support if:

• the child support is based on the applicable table amount of the child Support Guidelines

• it relates to a child(ren) under the age of majority

• the parties ordinarily reside in Canada

• the payor is not self-employed, does not earn any income outside of Canada and makes less than $ 150,000 a year

• the payor’s income can be determined only by using their employer-issued T4 Statement of Remuneration Paid and line 15000 (“ Total Income”) on their T1 General form

 

PROCESS NAVIGATION

 

• navigate family court process (steps, purpose, materials)

• inform clients of applicable court procedures such as service and filing deadlines

• navigate alternative dispute resolution processes