Sentences with phrase «circumstances of the parties»

This can vary greatly depending on the financial circumstances of the parties involved and the amount of time each parent spends with the child.

(15) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.

The financial circumstances of each party at the time the property division will occur, with consideration to whether or not the family home should be granted to a custodial parent — whether to own or to live in

The backgrounder states that a broader reading of the decision actually confers a more limited right, based on the factual circumstances of the parties in that case.

[34] The decisions in Willick and G. (L.) also make it clear that what amounts to a material change will depend on the actual circumstances of the parties at the time of the order.

Whether support is awarded depends upon factors such as (1) length of the marriage; (2) the income and earning ability of each party; (3) the educational background of each party; (4) the extent to which a party may have had his or her education or career interrupted by raising children; (5) the physical and emotional health of the parties; and (6) other financial and personal circumstances of each party as set forth in our state statutes.

The relative financial circumstances of the parties do not preclude an order for double costs in this situation.

18 (1) To enforce an order to which this Part applies, the claimant or the appropriate authority of the reciprocating jurisdiction shall send a certified copy of it to the designated authority, together with information about the location and circumstances of any party who is believed to be habitually resident in Ontario or believed to own assets or have a source of income in Ontario.

The economic circumstances of each party at the time the division of property becomes effective;

A sum of money awarded by the Court to the custodial parent to correct any disparity in the financial circumstances of the parties if the court finds that the disparity has resulted or will result in a lower standard of living for the child than the child would have if living with the noncustodial parent.

also make it clear that what amounts to a material change will depend on the actual circumstances of the parties at the time of the order.

First, white evangelicals have a track record of partisanship, no matter the circumstances of the party.

The order can always be varied if the circumstances of the parties change.

In colorado, everyone stands equal in obtaining parental responsibilities, and it's really based on the best interest of the children and the circumstances of each party in determining what is the right parental relationship for your child.

The tax consequences of the property division upon the respective economic circumstances of the parties.10.

The concept of need, however, goes beyond the basic necessities of life and varies according to the circumstances of the parties.

He acknowledged that the circumstances of both parties had changed but that he was «encouraged that the award was consistent with the approach to quantum under the original order».

Instead, «fair and equitable» is determined by looking at several factors such as, duration of marriage, contribution of the parties to the marital estate, age of parties, health of parties, life status of the parties, necessities and circumstances of parties, earning abilities, past relations and conduct, and general principles of equity.

At the first step, the court is free to examine all of the circumstances of the parties» relationships and any steps taken by the employer, whether or not they were known to the employee at the time of the alleged dismissal.

On the other hand, the court orders permanent spousal support based on the circumstances of each party.

It would be lovely if family law disputes received only that level of process which is necessitated by the importance of the issues in dispute, the circumstances of the parties and the interests of any affected children.

When considering the relative financial circumstances of the parties the Court seems to have considered the fact that the Defendant was insured by ICBC.

We find further support for this in the position taken by Husband during his motion for reconsideration, wherein his attorney stated, «I can not imagine, when you apply the law to the financial circumstances of these parties, that there would be any other outcome other than they would each pay their own fees.»

Support can depend on the specific facts of the case and circumstances of the parties.

Judges consider several factors in deciding how to divide assets and debts, including the length of the marriage, the contributions of each party to the relationship, and the financial circumstances of each party.

If, at the time of enforcement (divorce), the court finds that the circumstances of the parties have changed so far beyond what they contemplated at the time the agreement was made as to result in an injustice, the court may hold that the agreement is not valid.

The court should modify the order to fit the circumstances of the parties and needs of the children.

The period of absence which triggers the exchange will vary depending upon the circumstances of the parties.

An application to vary or rescind maintenance payments will proceed on the basis of the following principles: the court is to take the amount of maintenance originally ordered as the correct amount at the time the order was made and then to consider to what extent the circumstances of the parties have altered or changed since the decree nisi was granted.

In Atkinson v Atkinson [1995] 2 FCR 353 Thorpe J (as he then was), on an application by a husband to vary a wife's periodical payments to a nominal sum as a result of her cohabitation said: «Cohabitation was not to be equated with marriage, although it was nevertheless a relevant factor, having a bearing upon the financial circumstances of the parties, particularly upon the assessment of the financial needs.»

The starting point of privacy was displaced as the lives and financial circumstances of the parties was already extensively in the public domain;

A three - judge panel of the B.C. Court of Appeal ruled in a recent judgment that the trial judge «misapprehended the economic circumstances of the parties.»

Florida courts are required to determine and divide marital property and liabilities according to what is «fair,» or equitable under the circumstances of the parties.

(5) The court may make specific orders regarding the parenting plan and time - sharing schedule as such orders relate to the circumstances of the parties and the nature of the case and are equitable and provide for child support in accordance with the guidelines schedule in s. 61.30.

A Georgia court can award different types of alimony depending on the circumstances of the parties.

Such awards vary depending upon the circumstances of the parties and may include such arrangements as shared physical custody and joint decision making or sole custody in one parent and all major decision - making shared by the parents.