In varying a Parenting Order, the Court considers whether there has been any material change in the condition, means, needs and
other circumstances of the child since the making of the original order.
Under the current act, the best interests of the child, as it relates to condition, means that needs and
other circumstances of the child are the overriding factor that the courts may consider when making a custody order.
§ Consider the current position of each spouse: Condition, means, needs and
other circumstances of each spouse
There are Spousal Support Advisory Guidelines to inform the negotiations in considering the means, needs and
other circumstances of each spouse.
You can then determine an amount for the portion of income over $ 150,000 by looking at the condition, means, needs and
other circumstances of the child and the financial ability of each of you to contribute.
Once it is determined that the child over the age of majority is indeed a «child of the marriage,» the next question becomes whether the Guideline table amounts are applicable, having regard to the «means, needs, and
other circumstances of the child» as well as the «financial ability of each spouse to contribute to the support of the child.»
[18] Section 15.2 (4) of the Divorce Act further provides that the court must, in its analysis of a claim for spousal support, consider the condition, means, needs, and
other circumstances of each spouse, including the length of time the spouses cohabited and the functions performed by each spouse during cohabitation.
The Divorce Act (Canada) says that when making a spousal support order, the court must think about the condition, means, needs and
other circumstances of each spouse, including:
«Appropriate» treatment will be «medical treatment which is appropriate in [the patient's] case, taking into account the nature and degree of the mental disorder and
all other circumstances of his case» (s 4 (3)-RRB-.
This is determined by reference to the condition, means, needs and
other circumstances of the child.
A court must consider whether there has been a change in the conditions, means, needs or
other circumstances of either former spouse since the making of the spousal support order.
Otherwise, the court is to determine the child's best interests «by reference to the condition, means, needs and
other circumstances of the child.»
(4.1) Before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs or
other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration.
110 The condition, means, needs and
other circumstances of each spouse, which must be considered under s. 15.2 (4) of the Act, will necessarily affect the quantum of spousal support awarded, if any, as explained by the Alberta Court of Appeal inCorbeil v. Corbeil (2001), 286 A.R. 330, 2001 ABCA 220 (CanLII) at para. 47:
(ii) in respect of the balance of the spouse's income, the amount that the court considers appropriate, having regard to the condition, means, needs and
other circumstances of the children who are entitled to support and the financial ability of each spouse to contribute to the support of the children; and
Section 15.2 (4) of the Divorce Act says that in awarding spousal support, the court is to consider «the condition, means, needs and
other circumstances of the spouses».
if the amount if inappropriate, an amount that the court says is appropriate having regard to the means, needs and
other circumstances of the child and the ability of each spouse to support the child;
The New Brunswick Court of Appeal has dealt with the issue, in Vaughan v Vaughan, 2014 NBCA 6, and found that the reasoning in Manuge, followed in Alberta and British Columbia, is not determinative of the issue, and that Section 15 of the Divorce Act obligated the court to consider the «condition, means, needs, and
other circumstances of each spouse» in line with the broad policy objectives of the Divorce Act.
S. 9 of the FCSG — if one spouse has the right to access or custody of child for 40 % or more of time over the year, quantum of support based on amount set out in table, increased cost of shared custody arrangement and condition, means, needs and
other circumstances of each spouse and of the children;
Francis v. Baker (1998) SCJ no. 52 (S.C.C.)-- need to balance principles of predictability, consistency and efficiency with fairness, flexibility and recognition of the actual condition, needs, means and
other circumstances of the children
IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and as well as the condition, means, needs and
other circumstances of each spouse has been taken into consideration and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:
This decision reflects the provisions of the Divorce Act, which states (s. 15.2 (4)-RRB- that the court in considering a spousal support award shall take into consideration the condition, means, needs and
other circumstances of each spouse, including the length of time the spouses cohabited; the functions performed by each spouse in the relationship; and any order, agreement or arrangement relating to support of either spouse.
Spousal support orders are made taking into consideration the condition, means, needs and
other circumstances of each spouse, including each party's assets and means, the age and health of spouse, the length of time the spouses cohabitated, the functions performed by each spouse during cohabitation, and any order or agreement relating to support of either spouse.
By s 2 (2), in determining whether material is prohibited, regard shall be had to the content and style of the material, the time and
other circumstances of publication and the likely effect on those to whom it is directed.
The court observed that section 17 of the Divorce Act allows a court to vary any spousal support order, provided it is satisfied there has been a «material change» in the «condition, means, needs, or
other circumstances of either former spouse» since the original order (or last variation) was made.
Duty of prudent administration: A fiduciary must consider the purposes, terms, distribution requirements, and
other circumstances of the estate or trust.
If the soap also contains essential oils (such as lavender, for example), it is possible that minor central nervous system depression could occur, depending on the concentration of oils and
other circumstances of exposure.
Compared to self - reported responses from Pakistanis or Germans, Americans felt much more satisfaction towards the death of bin Laden as it actually happened than towards
any other circumstance of his death.
Not exact matches
These statements are based on current estimates and assumptions made by us in light
of our experience and perception
of historical trends, current conditions and expected future developments, as well as
other factors that we believe are appropriate and reasonable under the
circumstances, but there can be no assurance that such estimates and assumptions will prove to be correct.
If any
of the
other grown - ups leave under similar
circumstances, who
of their stature would even consider those jobs?
And while this is a great place to start, there are many
other considerations, as well, most
of which depend on your particular needs, goals and life
circumstances.
If you don't take the time to think about where you want to be, the
circumstances of life and
other people's agendas will determine that for you.
And in some
circumstances, if one party refuses to disclose their cryptocurrency holdings, the court can make an award heavily in favor
of the
other party to make up for it.
Still
others are just blind to how life
circumstances can change radically, with more than half saying they simply have no plan
of retiring in the near future.
In those
circumstances, the business is driven by action versus all
of the
other self - limiting beliefs that can derail a business.
In addition, any statements that refer to our plans, expectations, strategies or
other characterizations
of future events or
circumstances are forward - looking statements.
An incredibly powerful gift is allowing
others to maintain a sense
of dignity in the worst
of circumstances.
«I also found households in the highest - income bracket that when you examined their
other circumstances it would be difficult to think
of them as high income or «rich.»»
Such risks, uncertainties and
other factors include, without limitation: (1) the effect
of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels
of end market demand in construction and in both the commercial and defense segments
of the aerospace industry, levels
of air travel, financial condition
of commercial airlines, the impact
of weather conditions and natural disasters and the financial condition
of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization
of the anticipated benefits
of advanced technologies and new products and services; (3) the scope, nature, impact or timing
of acquisition and divestiture or restructuring activity, including the pending acquisition
of Rockwell Collins, including among
other things integration
of acquired businesses into United Technologies» existing businesses and realization
of synergies and opportunities for growth and innovation; (4) future timing and levels
of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability
of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope
of future repurchases
of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level
of other investing activities and uses
of cash, including in connection with the proposed acquisition
of Rockwell; (7) delays and disruption in delivery
of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and
other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits
of organizational changes; (11) the anticipated benefits
of diversification and balance
of operations across product lines, regions and industries; (12) the outcome
of legal proceedings, investigations and
other contingencies; (13) pension plan assumptions and future contributions; (14) the impact
of the negotiation
of collective bargaining agreements and labor disputes; (15) the effect
of changes in political conditions in the U.S. and
other countries in which United Technologies and Rockwell Collins operate, including the effect
of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect
of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act
of 2017), environmental, regulatory (including among
other things import / export) and
other laws and regulations in the U.S. and
other countries in which United Technologies and Rockwell Collins operate; (17) the ability
of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition
of conditions that could adversely affect the combined company or the expected benefits
of the merger) and to satisfy the
other conditions to the closing
of the pending acquisition on a timely basis or at all; (18) the occurrence
of events that may give rise to a right
of one or both
of United Technologies or Rockwell Collins to terminate the merger agreement, including in
circumstances that might require Rockwell Collins to pay a termination fee
of $ 695 million to United Technologies or $ 50 million
of expense reimbursement; (19) negative effects
of the announcement or the completion
of the merger on the market price
of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation
of their businesses while the merger agreement is in effect; (21) risks relating to the value
of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or
other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability
of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.
UBER benefitted by taking advantage
of the unique
circumstances in the cab industry and Manjoo claims that there are virtually no
other major industries where those same characteristics apply — crappy customer experience; high, regulator - protected prices; monopolistic markets; huge numbers
of daily users; lack
of viable alternatives — ergo no more UBERs.
Kids, like the rest
of us, fall prey to this cognitive bias, which causes people to blame
other people's bad actions on their horrible character and our own on
circumstances beyond our control.
Depending on your
circumstances and inclinations (like the amount
of risk you're willing to take), one deal or the
other might make more sense.
According to Oxford, emotion is «a natural instinctive state
of mind deriving from one's
circumstances, mood, or relationships with
others.»
In
other words, lesser the yo - yo
of passion dictated by
circumstances, the more positive self - esteem.
One
of West's biggest skills was old - school scouting: Traveling to games, observing players in different in - game
circumstances, taking notes, exchanging opinions with
other scouts.
GOP 2012 nominee Mitt Romney, in a Facebook post Wednesday urging the release
of Trump's returns, suggested all sorts
of possibilities: «While not a likely
circumstance, the potential for hidden inappropriate associations with foreign entities, criminal organizations, or
other unsavory groups is simply too great a risk to ignore for someone who is seeking to become commander in chief,» he wrote.
The fund, called «The Bridge Fund,» has helped employees who have suffered from domestic violence, the sudden death
of a family member or
other troubling
circumstances.
Under another special
circumstance (
other than an increase in velocity
of money) transfer payments can result in a net increase in nominal aggregate spending.
The rest
of the states fall under equitable distribution law, which means assets are distributed fairly (but not necessarily equally) according to income,
circumstances leading up to the divorce and
other factors.
«As with many great American institutions, i.e., General Motors, American Airlines, and many
others who have utilized the strategic business tool called bankruptcy, Gary Busey's filing is the final chapter in a process that began a few years ago
of jettisoning the litter
of past unfortunate choices, associations, events and
circumstances that visited themselves upon this great American icon, to enable the start
of a new and clear path to peace, happiness and success with his career and his wonderful new soulmate, Steffanie, and their son, Luke.»