It provides for
separation by court order, much like a divorce decree.
Not exact matches
The lung is,
by its nature, an organ exposed to the environment, with a surface area roughly the size of a tennis
court and a
separation between the blood and the air of roughly one micron, in
order to allow gas exchange.
Washington — School districts that were once racially segregated
by law should remain bound
by court desegregation orders until every wrong caused by the separation of races is cured, a lawyer for black schoolchildren in Oklahoma City told the U.S. Supreme Court last
court desegregation
orders until every wrong caused
by the
separation of races is cured, a lawyer for black schoolchildren in Oklahoma City told the U.S. Supreme
Court last
Court last week.
Ted Michalos: So, the first thing everyone needs to understand is that support payments are generally set
by a
court order or
by a divorce or
separation agreement that you sign off on.
The written
separation agreement was properly made a part of the final decree
by virtue of Virginia Code Section 20 - 109.1, and was enforceable as any
court order, even though spousal support is different from other monetary obligations.
When faced with an application to vary an
order, the
court should not ignore a mutually - accepted
separation agreement such as the one reached
by these spouses; however, it will be only one of several factors that goes into the threshold question of whether there has been a «material change» in circumstances since the initial
order was made.
Keep in mind that, unless equalization and support issues have been resolved
by way of a signed
Separation Agreement or
court order, your spouse may still be able to make a claim for equalization from your estate, or make a claim for dependant's relief, which is akin to spousal support.
My husband and I are drafting our
separation agreement, and I am wondering if witnesses are required to be present at time of signing the
separation agreement in
order to make it legally binding and enforceable
by court?
If the Marital
Separation Agreement is incorporated into the decree, it becomes a
court order and is enforceable
by the
court's contempt powers.
In addition, on application
by either spouse, the
court will make an
order for support that mirrors the Child Support Guidelines, regardless of what the parties previously agreed to in their
separation agreement, unless special provisions have been made for the child support which are in the best interests of the child, and the
court agrees that the special provisions are in the best interests of the child.
Parenting Coordinators are appointed under a
Court Order, or else
by way of a Parenting Plan,
Separation Agreement, or Arbitration Award.
The Family Responsibility Office After a
separation or divorce it is important that child support or spousal support that was
ordered by a
court or in a
separation agreement are followed.
If you are either a support payor or a support recipient, and wish to vary or change the amount of child support previously
ordered by the
Court, or as set out in a
Separation Agreement, you may have the level of support changed
by bringing a Motion
Those issues are dealt with separately from the actual divorce either
by way of a
separation agreement, an arbitration award or a
court order.
a
court order (i.e.
separation agreement or divorce
order / judgment) issued
by a
court of law in or outside Canada; or
In particular, spousal support is taxable income for the recipient and tax deductible
by payor, provided it is pursuant to a written
separation agreement or
court order, while child support is neither taxable nor deductible.
(c) is not prohibited
by court order or
separation agreement from having access to the individual to whom the personal health information relates or from giving or refusing consent on the individual's behalf;
Any entitlement to custody or access or incidents of custody under this section is subject to alteration
by an
order of the
court or
by separation agreement.»
Once completed, the detailed parenting plan is reviewed
by legal counsel and may form part of a
separation agreement or
court order, and may be revisited as children develop and change.
The memorandum of understanding is reviewed
by legal counsel and may be converted into a
separation agreement or
court order.
When staying out of
court, separating couples want and need to work together to prepare a
separation agreement (as opposed to a
court order imposed
by a judge, if the couple were fighting in
court).
Child support payments may be enforced
by Ontario's Family Responsibility Office (FRO), if they are required
by a
Court Order or by a Separation Agreement that is filed with the c
Court Order or
by a
Separation Agreement that is filed with the
courtcourt.
Debts owed to a spouse, former spouse, or child of the debtor that are not domestic support obligations and that is incurred
by a debtor in a
separation, divorce,
separation agreement, property settlement agreement,
court order or decree, or a determination
by a governmental unit may be discharged in a chapter 13 case, but not in a chapter 7 case.
Finally,
court orders and
separation agreements are recognized
by financial institutions; if you are applying for credit or loans, these documents provide proof of income if you are a support recipient.
Where a decree nisi is obtained
by consent or where the decree nisi has incorporated maintenance provisions contained in the
separation agreement made between the parties the
court should not lightly disturb the
order and the party seeking the variation must show not only some changes in circumstances, but conditions which arouse the conscience of the
court and call for action.
As noted
by Mr. Justice Edwards in E.G. v. F.B.G., 2004 BCSC 564,
courts must be cautious in replacing a workable custody arrangement contained in a
separation agreement with a
court - imposed custody
order in the absence of evidence justifying judicial intervention.
«During my
separation and divorce, my ex-wife made false allegations against me in
order to try to gain an advantage in family
court by having me criminally charged.
The AB - PA Certified mental health professional would be trained in creating and managing a Contingent Visitation Schedule if this is
ordered by the
Court, and would be trained and capable of restoring the child's normal - range attachment system through family therapy with the targeted parent if a protective
separation is
ordered by the
Court.
essay addresses the issue of
Court Orders for joint custody that essentially become orders for de facto sole custody to the alienation - pathological parent unless the underlying psychopathology being induced in the child by the alienating parent is effectively resolved (requiring separation of the child during treatment from the source origin of the psychopatho
Orders for joint custody that essentially become
orders for de facto sole custody to the alienation - pathological parent unless the underlying psychopathology being induced in the child by the alienating parent is effectively resolved (requiring separation of the child during treatment from the source origin of the psychopatho
orders for de facto sole custody to the alienation - pathological parent unless the underlying psychopathology being induced in the child
by the alienating parent is effectively resolved (requiring
separation of the child during treatment from the source origin of the psychopathology).
The entitlement to equal possession can be varied only
by court order (in very limited circumstances) or
separation agreement (not marriage contract).
A legal
separation is similar to a divorce in that a
court order dictates the terms of property division, child custody and so on — and you must abide
by those terms.
The concerns which the PC addresses generally are ones that are related to the implementation of the parenting plan as defined
by separation agreement, stipulation, and / or
orders of the
court.
Over the past 30 plus years we have helped over 10,000 clients with the following family law matters: annulment, contested divorce, uncontested divorce, divorce
by publication, legal
separation, prenuptial agreement, postnuptial agreement, family
court, child support, child custody, child visitation, spousal support, division of material property, paternity, and
order of protection.
After a
separation or divorce, it is important that child support or spousal support that was
ordered by a
court or in a
separation agreement are followed.
Court orders for young children that reflect children's increasing ability to tolerate lengthier
separations by building age - based and stepwise increases into vacation schedules are most responsive to children's best interests.
«Support payments that a person is required to make, whether it's pursuant to a
court order or a
separation agreement, are treated
by many lenders the same way as debt payments when the lender is reviewing an application for financing,» she says.
While Ontario
court orders are received
by the FRO automatically, a
separation agreement must be registered with the
court if you would like the FRO to enforce it.
[T] o a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a
separation agreement, divorce decree or other
order of a
court of record, determination made in accordance with state or territorial law
by a governmental unit, or property agreement, but not to the extent that
not of the kind described in paragraph 5 [support debts] that is incurred
by the debtor in the course of a divorce or
separation or in connection with a
separation agreement, divorce decree or other
order of a
court of record, a determination made in accordance with State or territorial law
by a governmental unit unless:
Spouses can arrange to have the terms of their
separation governed
by either agreement or
court order.
In states that recognize them, obtaining an
order for legal
separation only requires a petition signed
by both parties and filed in county
court, as well as a signed agreement stipulating the division of property and provisions for child support and other financial support.
The functions of divorce and marital
separation confirmed
by a
court order are largely similar.
An
order of legal
separation made
by an Arizona
court stays in effect as long as a couple desires.
If approved
by the
court, the terms are incorporated into a
separation decree, becoming a
court order legally enforceable against both spouses.
Legal
separations come into existence as part of a
court order or
by written agreement of the parties.
This
separation of rights and interests from the laws they originate in was recognised
by the High
Court as fragmenting an otherwise integrated
order.
Because the only way to solve divorce or
separation issues is in The Family
Courts, our society has broken down to understand that Family
Courts equals no where near the equality and Co-Parenting necessary to properly parent our children after divorce or
separation, and since The Family
Court are the only power that can endorse or honour a Fami ly
Court Order, most Family
Court Orders are worthless ourside of The Family
Courts, un-enforceable
by police and are not recognized
by very few other places other than The Fa mily
Court.
Where a recipient of Deserted Wife's Benefit, Deserted Wife's Allowance, Lone Parent's Allowance or One - Parent Family Payment is receiving maintenance payments
by way of a Family Law
Court Order, (either a Family Law Maintenance Order or a Separation Agreement which has gone through the court and has a Maintenance clause in it) and those maintenance payments have not been assessed in deciding his / her rate of payment, then s / he is liable to transfer any payments received to the Minister for Employment Affairs and Employment Affairs and Social Protection, including any payments made in respect of chil
Court Order, (either a Family Law Maintenance
Order or a
Separation Agreement which has gone through the
court and has a Maintenance clause in it) and those maintenance payments have not been assessed in deciding his / her rate of payment, then s / he is liable to transfer any payments received to the Minister for Employment Affairs and Employment Affairs and Social Protection, including any payments made in respect of chil
court and has a Maintenance clause in it) and those maintenance payments have not been assessed in deciding his / her rate of payment, then s / he is liable to transfer any payments received to the Minister for Employment Affairs and Employment Affairs and Social Protection, including any payments made in respect of children.
Judgment of
Separation: Both spouses have been living apart from each other for at least one year pursuant to a Judgment of
Separation ordered by the
court.
A
court -
ordered periodic payment (usually bi-weekly or monthly)
by one parent to the custodial parent of the minor child (ren) following a judgment of divorce (dissolution), legal
separation or other
court or administrative determination of parental financial responsibility.