F AMIL Y COURT PRACTICE MEMORANDUM NO.8

Pursuant to Rule 18.01, the Family Court Rules Committee hereby authorizes and approves this Practice Memorandum effective the 31 SI day of August, 1998 for application throughout the Province of Nova Scotia and rescinds Practice Memorandum No.7 dated the pI day of May, 1997, upon proclamation of the Provincial Child Maintenance Guidelines.

CONTENTS:

I. General directions from the Court regarding standard form of court orders for Child Maintenance Guidelines cases.

II. Forms - Disclosure 1) Form 8A - Notice to File Guideline Income Information 2) Form 8B - Notice to File Financial Information 3) Form 8C - Notice to File Financial Information (Spousal Maintenance only) 4) Form 8D - Statement of Financial Information

III. 'Forms - Standard Orders 1) Form 8E - Order/Consent Order (Table Amount only) 2) Form 8F - Order/Consent Order (Table Amount plus section 7 expenses)

IV. Alternative Child Maintenance Clauses

I. GENERAL

The Provincial Child Maintenance Guidelines, effective August 31, 1998, set out specific requirements for the contents of Child Maintenance Orders. The form of Order varies depending on the provisions of the Child Maintenance Guidelines relied upon. This Practice Memorandum provides two standard forms of Order and a list of additional clauses to assist litigants in the preparation of Orders. The purpose of this Practice Memorandum is to ensure standardization and uniformity of Child Maintenance clauses, as well as compliance with the detailed requirements of the Guidelines, including the filing of income information with the Court.

1. Family Court Orders and Consent Orders shall be in Form 8E or Form 8F, as attached to this Practice Memorandum, and shall include the basic clauses specified, unless othenvise directed by the Court.

2. Additional clauses from the list of Alternative Clauses attached to this Practice Memorandum, or as othenvise required, may be added to the standard Order.

-2-

II. FORMS - DISCLOSURE

There are three forms of Notice to File attached to this Practice Memorandum. The appropriate Notice shall be filed with the Court and served upon the Respondent with the application conunencing the proceedings. The appropriate Notice may also be served by the Respondent upon the Applicant, as required.

1. Form 8A, Notice to File Guideline Income Information, shall be used when the income information required is that specified in section 21 of the Child Maintenance Guidelines, and a statement of income and expenses is not required by Rule 23.02 or 23.03.

2. Form 8B, Notice to File Financial Information, shall be used when the income information required by section 21 of the Child Maintenance Guidelines and a statement of income and expenses is required by Rule 23.02 or 23.03.

3. Form 8C, Notice to File Financial Information, shall be used when spousal maintenance but not child maintenance is sought.

4. The statement of income and expenses required by Rule 23.02 or 23.03 shall be in Form 8D, Statement of Financial Information.

III. FORl\IS - STANDARD ORDERS

There are two forms of Order/Consent Order attached to this Practice Memorandum.

1. Form 8E shall be used when the order made is for child maintenance at the level set out in the tables which form part ofthe Child Maintenance Guidelines.

2. Form 8F shall be used when the order made is for child maintenance at the level set out in the tables plus special or extraordinary expenses.

Form 8E or 8F as modified bv the Alternative Clauses in Part IV as required, shall be used in all other situations where a child maintenance order has been made.

INCOME INFORMATION Obligation of applicant

21(1) A parent who is applying for a child maintenance order and whose income information is necessary to determine the amount of the order must file the following:

(a) a copy of every personal income tax return filed by the parent for each of the three most recent taxation years;

(b) a copy of every notice of assessment or re-assessment issued to the parent for each of the three most recent taxation years;

(c) where the parent is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the parent's employer setting out that information including the parent's rate of annual salary or remuneration;

(d) where the parent is self-employed, for the three most recent taxation years

(1) the financial statements of the parent's business or professional practice, other than a partnership, and

(ii) a statement showing a breakdo\\n of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the parent does not deal at arm's length;

(e) where the parent is a partner in a partnership, confirmation of the parent's income and draw from, and capital in, the partnership for its three most recent taxation years;

(f) where the parent controls a corporation, for its three most recent taxation years

(I) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdovm of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm's length;

(g) where the parent is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust's three most recent financial statements; and

(h) where the parent receives income from a source other than (c) to (g), the most recent statement of income indicating the total amount paid in the year to date, including the amount of the parent's employment insurance, social assistance, pension, workers' compensation, disability benefits, or such other benefits or income as may apply, or where such a statement is not provided, a letter from the applicable source of income stating the required information.

Obligation of respondent (2) A parent who is served with an application for a child maintenance order and whose

income information is necessary to determine the amount of the order, must, within 20 days if the application is served in Nova Scotia, 40 days if served elsewhere in Canada or the United States, or within 60 days if served in any other place, or such other time limit as the court or rules of the court specify, provide the court, as well as the other parent or the order assignee, as the case may be, with the documents referred to in subsection (1).

Special expenses or undue hardship (3) Where, in the course of proceedings in respect of an application for a child maintenance

order, a parent requests an amount to cover expenses referred to in subsection 7(1) or pleads undue hardship, the parent who would be receiving the amount of child maintenance must, within 20 days after the amount is sought or undue hardship is pleaded if the parent is served in Nova Scotia, 40 days if the parent is served elsewhere in Canada or the United States, or within 60 days if the parent is served in any other place, or such other time limit as the court or rules of the court specify, provide the court and the other parent with the documents referred to in subsection (l).

Income over $150000 (4) Where, in the course of proceedings in respect of an application for a child maintenance

order, it is established that the income of the parent who would be paying the amount of child maintenance is greater than S 150 000, the other parent must, within 20 days after the income is established to be greater than $150 000 if the parent is served in Nova Scotia, 40 days if the parent is served elsewhere in Canada or the United States, or within 60 days if the parent is served in any other place, or such other time limit as the court or rules of the court specify, provide the court and the other parent with the documents referred to in subsection (1 ).

Making of rules not precluded (5) Nothing in this Section precludes the making of rules by the court respecting the

disclosure of income information that is considered necessary for the purposes 0 f the determination of an amount of a child maintenance order.

2

Paternity [if applicable]

1. Peter Smith shall be and is hereby declared to be the natural father/a possible father of the child/ren, , born, '---

Custody and Access

2. Joan Smith shall have care and custody of the child/ren,, ___ , born, __ _

3. Peter Smith shall have reasonable access with the child/ren, upon reasonable notice to Joan Smith, at times agreed upon between parties.

[or]

3. [set out specific terms of access]

[or, where joint custody]

2. Joan Smith and Peter Smith shall have joint custody ofthe child/ren, ___ , bom, __ _ with respect to making major decisions in the child/ren's upbringing.

3. Joan Smith shall have primary care and control of the child/ren and Peter Smith shall have care and control [or reasonable access], as agreed upon between the parties [or as set out below].

Child Maintenance

4. Peter Smith, resident of Nova Scotia, has an annual income of $ ___ for the purpose of determining the table amount of child maintenance.

5. Peter Smith shall pay child maintenance to Joan Smith pursuant to the provincial Child Maintenance Guidelines and in accordance with the Nova Scotia table, in the amount of $ per month, payable on the first day of each month, commencing on, __ _

6. Peter Smith shall continue [or acquire and continue] medical, dental and drug plan coverage for the child/ren available through his present or subsequent employer or othemise [and shall reimburse Joan Smith for receipts provided by her for submission to the insurer, without delay].

3

7. Peter Smith shall provide Joan Smith with a complete copy of his income tax return and any notices of assessment or reassessment received from Revenue Canada on an annual basis, on or before June 1 sl of each year.

Spousal Maintenance [if applicable]

8. Neither Peter Smith nor Joan Smith shall now, or in the future, pay any spousal maintenance to the other.

[or]

8. Peter Smith shall pay spousal maintenance to Joan Smith in the amount of $ ___ per month, payable on the first day of each month, commencing on __ _

Payment of Maintenance

9. All maintenance payments shall be made by way of post-dated cheques for a period of one year [recommended method of payment]. The cheques shall be made payable to Joan Smith and shall be forwarded to the Office of the Director of Maintenance Enforcement, P.O. Box 803, Halifa'<, Nova Scotia B3J 2V2, while the order is filed for enforcement with the Director.

HEARD at ___ , in the County of ___ , Province of Nova Scotia, the day of ___ ,199_.

ISSUED at , in the County of , Province of Nova Scotia, this _day --- ---of ___ , 199 .

FAMILY COURT OFFICER

IV. Alternative Child Maintenance Clauses

Imputation of Income

(a) AND UPON IT APPEARING that Peter Smith has failed to provide income information as required by the OrderlNotice dated , his annual income is imputed to be $ for the purpose of determining the appropriate amount of child maintenance.

Undue Hardship

xx. (a)

(b)

Peter Smith, resident of Nova Scotia, has an annual income of$ (and his common law spouse, Jane Roe, has an annual income of $ 1 for the purpose of determining the table amount of child maintenance and his household standard of living.

Joan Smith has an annual income of $ ___ (and her common law spouse, John Doe, has an annual income of $ 1 for the purpose of detennining her household standard of living.

(c) Joan Smith's household has a higher standard ofliving than Peter Smith's household.

(d) Peter Smith would suffer undue hardship by reason of (circumstance] if required to pay child maintenance pursuant to the provincial Child Maintenance Guidelines and in accordance with the Nova Scotia table in the amount of $ per month.

(e) Peter Smith shall therefore pay child maintenance to Joan Smith in the amount of $AC per month, payable on the first day of each month, commencing on __ _ (May include reasonable time period for payment of reduced amount or a specific date or time period for reviev.;].

Child 19 or Over

xx. (a) Peter Smith has an annual income of$ and Joan Smith has an annual income of$ , for the purpose of detennining child maintenance for Anne Smith, born

(b) Peter Smith shall pay to Joan Smith (or Anne Smith] the amount of S per month for the maintenance of Anne Smith, payable on the first day of each month, commencmg on __ _

Split Custody

xx. (a) Peter Smith, resident of Nova Scotia, has an annual income of $ and Joan Smith, resident of Nova Scotia, has an annual income of $ , for the purpose of determining the table amount of child maintenance.

(b) Peter Smith would othenvise pay to Joan Smith for the maintenance of Anne Smith the table amount of $ and Joan Smith would othenvise pay to Peter Smith for the maintenance of John Smith the table amount of $ ---

(c) Peter Smith shall therefore pay child maintenance to Joan Smith in the amount of $ per month, payable on the first day of each month, commencing on

Shared Custody

NOTE: A standard clause for child maintenance in a shared custody situation under Section 9 of the Child Maintenance Guidelines has not been included as there are a wide variety of possible shared custody arrangements in practice. It may be possible to modify some of the clauses to fit the particular shared custody situation.

Reduced Spousal Maintenance

(a) No spousal maintenance shall be paid by Peter Smith to Joan Smith at this time, as a result of giving priority to child maintenance.

[ or]

(a) Peter Smith shall pay spousal maintenance to Joan Smith in the amount of $_ per month, payable on the first day of each month, and commencing , 'shieh amount is less than it othenvise would have been as a result of giving priority to child maintenance.

FORM:8A

[FOR USE \VHEN THE GUIDELINE INCOME INFORMATION Ol'l'L Y IS SOUGHT)

199 F. No.

IN THE F AMIL Y COURT FOR THE PROVINCE OF NOVA SCOTIA

BETWEEN:

Applicant

- and-

Respondent

NOTICE TO FILE GUIDELINE INCOME INFORMATION

Pursuant to the Child Maintenance Guidelines, the requires you to file \'lith the Court and serve on the , or his or her solicitor, the income information required by section 21 of the Guidelines (see attached) and such other information as may be required by the Guidelines, Family Court Rules or as directed by the Court.

You must file and serve this information \\ithin 20 days if you were served in };o'la Scotia, 40 days if you were served elsewhere in Canada or the United States, or within 60 days if you were served in any other place.

If you do not file and serve this information as required, the \\i11 apply to the Court, without further notice to you, for an Order requiring service of the required income information \vithin a specified time period, with costs payable by you.

DATED at ___ , in the County of ___ , Province of Nova Scotia, this __ day of ___ , 199_0

TO:

ApplicantlRespondentiSolicitor [insert address for service]

F AlLURE TO FILE THE REQUIRED INFORMATION MAY RESULT IN THE COURT IMPUTING INCOME TO YOU AND MAKING AN ORDER FOR MAI~TENANCE

FORM8B

[FOR USE WHEN THE GUIDELINE INCOME INFORMATION AND A STATEMENT OF INCOME AND EXPENSES IS SOUGHTl

199 F. No.

IN THE FAMILY COURT FOR THE PROVINCE OF NOVA SCOTIA

BETWEEN:

Applicant

- and-

Respondent

NOTICE TO FILE FINANCIAL INFORMATION

Pursuant to the Child Maintenance Guidelines and Family Court Rule 23, the __ _ requires you to file with the Court and serve on the , or his or her solicitor, the income information required by section 21 of the Guidelines (see attached), a completed statement of income and expenses, and such other information as may be required by the Guidelines, the Family Court Rules or as directed by the Court.

You must file and serve this information within 20 days if you were served in Nova Scotia, 40 days if you were served elsewhere in Canada or the United States, or within 60 days if you were served in any other place.

If you do not file and serve this information as required, the will apply to the Court, without further notice to you, for an Order requiring service of the required financial information within a specified time period, with costs payable by you.

DATED at ___ , in the County of ___ , Province of Nova Scotia, this __ day of ___ , 199_.

TO:

ApplicantiRespondentJSolicitor [insert address for service]

F AlLURE TO FILE THE REQUIRED I~FORMATION MAY RESULT IN THE COURT IMPUTING INCOME TO YOU Al,\,D MAKING AN ORDER FOR lYlAINTENANCE

INCOME INFORMATION Obligation of applicant

21(1) A parent who is applying for a child maintenance order and whose income information is necessary to detennine the amount of the order must file the following:

(a) a copy of every personal income tax return filed by the parent for each of the three most recent taxation years;

(b) a copy of every notice of assessment or re-assessment issued to the parent for each of the three most recent taxation years;

(c) where the parent is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the parent's employer setting out that infonnation including the parent's rate of annual salary or remuneration;

(d) where the parent is self-employed, for the three most recent taxation years

(I) the financial statements of the parent's business or professional practice, other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the parent does not deal at arm's length;

(e) \vhere the parent is a partner in a partnership, confinnation of the parent's income and draw from, and capital in, the partnership for its three most recent taxation years;

(t) where the parent controls a corporation, for its three most recent taxation years

(1) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm's length:

(g) where the parent is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust's three most recent financial statements; and

(h) where the parent receives income from a source other than (c) to (g), the most recent statement of income indicating the total amount paid in the year to date, including the amount of the parent's employment insurance, social assistance, pension, workers' compensation, disability benefits, or such other benefits or income as may apply, or where such a statement is not provided, a letter from the applicable source of income stating the required information.

Obligation of respondent (2) A parent who is served with an application for a child maintenance order and whose

income information is necessary to determine the amount of the order, must, within 20 days if the application is served in Nova Scotia, 40 days if served elsewhere in Canada or the United States, or within 60 days if served in any other place, or such other time limit as the court or rules of the court specify, provide the court, as well as the other parent or the order assignee, as the case may be, with the documents referred to in subsection (1).

Special expenses or undue hardship (3) Where, in the course of proceedings in respect of an application for a child maintenance

order, a parent requests an amount to cover expenses referred to in subsection 7(1) or pleads undue hardship, the parent who would be receiving the amount of child maintenance must, within 20 days after the amount is sought or undue hardship is pleaded if the parent is served in Nova Scotia, 40 days if the parent is served elsewhere in Canada or the United States, or \vithin 60 days if the parent is served in any other place, or such other time limit as the court or rules of the court specify, provide the court and the other parent with the documents referred to in subsection (1).

Income over S150 000 (4) Where, in the course of proceedings in respect of an application for a child maintenance

order, it is established that the income of the parent who would be paying the amount of child maintenance is greater than $150 000, the other parent must, within 20 days after the income is established to be greater than $150 000 ifthe parent is served in Nova Scotia, 40 days if the parent is served elsewhere in Canada or the United States, or within 60 days if the parent is served in any other place, or such other time limit as the court or rules of the court specify, provide the court and the other parent with the documents referred to in subsection (1).

Making of rules not precluded (5) Nothing in this Section precludes the making of rules by the court respecting the

disclosure of income information that is considered necessary for the purposes of the determination of an amount of a child maintenance order.

FORM8C

[FOR USE \VHEN SPOUSAL MAINTENANCE ONLY IS SOUGHT]

199 F .. ___ No. __ _

IN THE F AMIL Y COURT FOR THE PROVINCE OF NOV A SCOTIA

BETWEEN:

Applicant

- and-

Respondent

NOTICE TO FILE FINANCIAL INFORMATION

Pursuant to section 29(1)(a) of the Family Maintenance Act and Family Court Rule 23, the requires you to file \vith the Court and serve on the , or his or her solicitor, a completed statement of income and expenses and the financial information required by Rule 23.03(1) (see attached) and such other information as may be required by the Family Maintenance Act, the Family Court Rules or as directed by the Court.

You must file and serve this information within 20 days if you were served in Nova Scotia, 40 days if you \vere served elsewhere in Canada or the United States, or within 60 days if you were served in any other place.

If you do not file and serve this information as required, the will apply to the Court, without further notice to you, for an Order requiring service of the required financial information \vithin a specified time period, with costs payable by you.

DATED at ___ , in the County of ___ , Province of Nova Scotia, this __ day of ___ , 199_.

TO:

App licantlResponden t/So lici tor [insert address for service]

FAILURE TO FILE THE REQUIRED I~FOR1\lATION MAY RESULT IN THE COURT IMPUTING INCOME TO YOU AND MAKING AN ORDER FOR MAINTENANCE

Spousal Maintenance

23.03(1) In the case of an application for spousal maintenance, the statements of income and expenses required by clause 29(l)(a) of the Family Maintenance Act shall include the following financial information from both the applicant and the respondent, unless otherwise directed by the court:

(a) a copy of every personal income tax return filed by the spouse for each of the three most recent taxation years;

(b) a copy of every notice of assessment or re-assessment issued to the spouse for each of the three most recent taxation years;

(c) where the spouse is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the spouse's employer setting out that information including the spouse's rate of annual salary or remuneration;

(d) where the spouse is self-employed, a partner in a partnership, in control of a corporation, or a beneficiary under a trust, such financial and income information as directed by the court;

(e) \vhere the spouse receives income from a source other than (c) or Cd), the most recent statement of income indicating the total amount paid in the year to date, including the amount of the spouse's employment insurance, social assistance, pension, workers' compensation, disability benefits, or such other benefits or income as may apply, or where such a statement is not provided, a letter from the applicable source of income stating the required infonnation; and .

(f) such other documents or information required by the court

FORM 8D

19 F. No.

IN THE FAMILY COURT FOR THE PROVINCE OF NOVA SCOTIA

BETWEEN:

Applicant

- and -

Respondent

STATEMENT OF FINANCIAL INFORMATION OF:

1. Attached are true copies of my personal Income Tax Returns filed with Revenue Canada for each of the three most recent taxation years, dated

2. Attached are true copies of my Notices of Assessment or Re-assessment from Revenue Canada for each of the three most recent taxation years, dated ________________________________________________________ __

3. Attached is a true copy of my most recent statement of earnings (pay stub) indicating my total earnings in the year to date, including overtime, dated ______________________________________________ __

4. Attached are true copies of such other information required by the Child Maintenance Guidelines and/or Family Court Rule 23, (specify) __ _

5. Full and complete particulars of my present financial situation are accurately set out to the best of my knowledge, information and belief.

GROSS MONTHLY INCOME FROM ALL SOURCES

If you are paid weekly, mUltiply by 4.33 for a monthly total. If you are paid every 2 weeks, multiply by 26 and divide by 12. If you are paid twice a month, the monthly total is both pays.

CATEGORY MONTHLY

(a) Salary /Wages ----------------------------------------------------------------------------(b) Income of Spouse/Household Members ----------------------------------------------------------------------------(c) Bonuses/Commissions/Overtime ----------------------------------------------------------------------------(d) Child Tax Credit ----------------------------------------------------------------------------(e) Employment Insurance Benefits ----------------------------------------------------------------------------(f) Workers' Compensation ----------------------------------------------------------------------------(g) Social Assistance/Family Benefits ----------------------------------------------------------------------------(h) Pension Income ----------------------------------------------------------------------------(i) Interest Income

(j) Other Investment Income

(k) Rents/Roomers/Boarders

(1) Maintenance Payments Received or Due

(m) Tips

(n) Other Income/Miscellaneous

TOTAL INCOME: $ ______________ __

MONTHLY EXPENSES

CATEGORY PRESENT PROPOSED

(1) Rent/Mortgage

(2) Municipal Taxes ----------------------------------------------------------------------------(3) Property and Fire Insurance

(4) Food ----------------------------------------------------------------------------

----------------------------------------------------------------------------(5) Heat

(6) Electricity ----------------------------------------------------------------------------(7) Water ----------------------------------------------------------------------------(8) Telephone ---------------------------------------------------------------------------~ (9) Cable ----------------------------------------------------------------------------(10) Toilet Supplies, etc.

(11) Clothing

(12) Laundry

(13) Drycleaning

(14) Babysitter/Day Care

(15) Newspaper/Magazines

(16) School Supplies ----------------------------------------------------------------------------(17) Allowances ----------------------------------------------------------------------------(18) Hair Grooming ----------------------------------------------------------------------------(19) Motor Vehicle - Monthly Payment ----------------------------------------------------------------------------

Gas ----------------------------------------------------------------------------

License ----------------------------------------------------------------------------

Insurance ----------------------------------------------------------------------------

Main tenance / Repairs ----------------------------------------------------------------------------(20) Other Transportation ----------------------------------------------------------------------------(21) Prescription/Non-Prescription Drugs ----------------------------------------------------------------------------(22) Dental ----------------------------------------------------------------------------(23) Glasses / Con tacts ----------------------------------------------------------------------------(24) Repairs to House ----------------------------------------------------------------------------(25) Church/Other Donations ----------------------------------------------------------------------------(26) Life Insurance ----------------------------------------------------------------------------

----------------------------------------------------------------------------(27) Savings ----------------------------------------------------------------------------(28) Chris tmas / Birthdays ----------------------------------------------------------------------------(29) Holidays/Vacation ----------------------------------------------------------------------------(30) Parties/ Alcohol/Tobacco ----------------------------------------------------------------------------(31) Maintenance Payments Made ----------------------------------------------------------------------------(32) En tertainmen t / Recrea tion

(33) Debt Payments (Specify)

(34)

(35)

(36)

DEDUCTIONS FROM GROSS MONTHLY INCOME

(35) Income Tax

(36) Employment Insurance

(37) Canada Pension Plan

(38) Dues/ Compulsory Deductions

TOTAL: $ ______________ __

SUMMARY

TOTAL MONTHLY INCOME: $------------------------TOTAL MONTHLY EXPENSES: $------------------------SURPLUS/DEFICIT: $----------------------

Name and Address of Employer(s):

I anticipate the following material changes in the information given above are likely to occur in the near future:

SWORN TO at _~ __ ' Province ) of Nova Scotia, this day) of , 19 ) before me: )

A Barrister of the Supreme Court of Nova Scotia

) ) ) ) )

FORM8E

[FOR THE TABLE AMOUNT ONLY OF CHILD MAINTENANCE]

199 F. No.

IN THE F AMIL Y COURT FOR THE PROVINCE OF NOVA SCOTIA

BETWEEN:

JOAN MARIE SMITH Applicant

- and-

PETER JOHN SMITH Respondent

ORDER/CONSENT ORDER

BEFORE THE HONOURABLE ___ Judge of the Family Court for the Province of N ova Scotia:

UPON this matter having come for hearing before the ___ Family Court on the _ day of ___ ,199_;

AND UPON READING the application and all other documentation on file herein;

AND UPON IT APPEARING that the proper persons have received notice of the hearing in accordance with the Familv Court Rules;

AND UPON HEARING Joan Smith [or ___ , counsel on behalf of Joan Smith];

AND UPON HEARING Peter Smith [or ___ , counsel on behalf of Peter Smith];

[AND UPON the parties consenting hereto;]

[AND UPON Peter Smith acknowledging that he is the natural father/a possible father of the child/ren, , born, ]

NOW UPON MOTION:

IT IS ORDERED THAT:

199

FORM8F

[FOR THE TABLE AMOUNT OF CHILD MAINTENANCE PLUS SECTION 7 EXPENSES]

F. .No.

IN THE F AMIL Y COURT FOR THE PROVINCE OF NOVA SCOTIA

BETWEEN:

JOAN MARIE SMITH Applicant

- and-

PETER JOHN SMITH Respondent

ORDER/CONSENT ORDER

BEFORE THE HONOURABLE ___ , A Judge of the Family Court for the Province of Nova Scotia:

UPON this matter having come for hearing before the ___ Family Court on the _ day of ___ , 199_;

AND UPON READING the application and all other documentation on file herein;

AND UPON IT APPEARING that the proper persons have received notice of the hearing in accordance with the Familv Court Rules;

AND UPON HEARING Joan Smith [or ,counsel on behalfof Joan Smith]; ---

AND UPON HEARING Peter Smith [or ___ , counsel on behalf of Peter Smith];

[AND UPON the parties consenting hereto;]

[AND UPON Peter Smith acknowledging that he is the natural father/a possible father of the child/ren, , born, ]

NOW UPON MOTION:

IT IS ORDERED THAT:

2

Paternity [if applicable)

1. Peter Smith shall be and is hereby declared to be the natural father/a possible father of the child/ren, , born, ---

Custody and Access

2. Joan Smith shall have care and custody ofthe child/ren, ___ , born, __ _

3. Peter Smith shall have reasonable access with the child/ren, upon reasonable notice to Joan Smith, at times agreed upon between parties.

[or]

3. [set out specific terms of access)

[or, where joint custody]

2. Joan Smith and Peter Smith shall have joint custody of the child/ren, ___ , born, __ _ with respect to making major decisions in the child/ren's upbringing.

3. Joan Smith shall have primary care and control of the child/ren and Peter Smith shall have care and control [or reasonable access], as agreed upon behveen the parties [or as set out below].

Child Maintenance

4. Peter Smith, resident of Nova Scotia, has an annual income of $ ___ for the purpose of determining the table amount of child maintenance.

5. Peter Smith shall pay child maintenance to Joan Smith pursuant to the provincial Child Maintenance Guidelines and in accordance with the Nova Scotia table, in the amount of $ per month, payable on the first day of each month, commencing on __ _

6. (a) For the purpose of making an order for payment of special or extraordinary expenses. the annual income of Peter Smith is S and the annual income of Joan Smith is S __ _

(b) In addition to the table amount set out above, commencing on and paY::lbk on the first day of each month, Peter Smith shall pay to Joan Smith the amount of $ for his share of the follo\ving special or extraordinary expenses:

3

Child's Name Particulars Total Expense Amount to be paid

Percentage to be paid

7. In total, Peter Smith shall pay child maintenance to Joan Smith pursuant to the provincial Child Maintenance Guidelines in the amount of $ per month, payable on the first day of each month, commencing on $ , consisting of the table amount of $ per month plus special or extraordinary expenses of $ per month.

8. Peter Smith shall continue [or acquire and continue] medical, dental and drug plan coverage for the child/ren available through his present or subsequent employer or otherwise [and shall reimburse Joan Smith for receipts provided by her for submission to the insurer, without delay].

9. Peter Smith and Joan Smith shall provide each other \vith a complete copy of their respective income tax returns and any I).otices of assessment or reassessment received from Revenue Canada on an annual basis, on or before June 151 of each year.

Spousal Maintenance [if applicable]

10. Neither Peter Smith nor Joan Smith shall now, or in the future, pay any spousal maintenance to the other.

[ or]

10. Peter Smith shall pay spousal maintenance to Joan Smith in the amount of $ ___ per month, payable on the first day of each month, commencing on __ _

4

Payment of Maintenance

11. All maintenance payments shall be made by way of post-dated cheques for a period of one year [recommended method of payment]. The cheques shall be made payable to Joan Smith and shall be forwarded to the Office of the Director of Maintenance Enforcement, P. O. Box 803, Halifax, Nova Scotia B3J 2V2, while the order is filed for enforcement with the Director.

HEARD at ___ , in the County of ___ , Province of Nova Scotia, the _ day of ___ , 199_.

ISSUED at ___ , in the County of ___ , Province of Nova Scotia, this _ day of ___ , 199_.

FAMILY COURT OFFICER