Sentences with phrase «separation by court order»

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 cCourt 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 psychopathoOrders 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 psychopathoorders 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 chilCourt 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 chilcourt 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.
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