The Demand Letter for Support is a crucial document in Canadian family law proceedings, typically used when support payments (child support, spousal support, or both) are in arrears or when formal payment arrangements need to be established. This document serves as a formal prerequisite to legal enforcement actions and demonstrates good faith attempts to resolve support issues before court intervention. It must align with federal legislation such as the Divorce Act and provincial family law statutes, making it essential to include specific references to applicable laws and regulations. The letter should clearly state the legal basis for the claim, detail the support calculations, specify payment terms, and outline consequences for non-compliance. It's often used in conjunction with maintenance enforcement programs and can be critical evidence in subsequent legal proceedings.
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1. Sender and Recipient Information: Full legal names and addresses of both parties, date, and reference line
2. Relationship Context: Brief description of the relationship between parties (e.g., former spouses, parents of shared children)
3. Legal Basis: Citation of relevant legislation and legal obligations for support
4. Support Details: Specific amount(s) being claimed, including breakdowns for different types of support (child/spousal)
5. Payment History: Summary of missed payments or support arrears if applicable
6. Demand Statement: Clear statement of the amount demanded and payment deadline
7. Consequences: Statement of potential legal action if demand is not met
8. Payment Instructions: Specific instructions on how and where to send payment
1. Income Information: Include when there's a significant change in either party's income that affects support obligations
2. Child-related Expenses: Add when claiming special or extraordinary expenses for children
3. Previous Communications: Reference if there have been previous attempts to resolve the matter
4. Settlement Terms: Include if offering payment plan options or settlement possibilities
5. Without Prejudice: Add this designation if the letter includes settlement offers that shouldn't be used in court
1. Schedule A - Support Calculation: Detailed breakdown of support amounts and calculations
2. Schedule B - Payment History: Detailed record of payments made and missed
3. Schedule C - Income Documentation: Copies of relevant income statements or tax returns
4. Schedule D - Court Orders: Copies of existing court orders or agreements relating to support
5. Schedule E - Expense Records: Documentation of special or extraordinary expenses being claimed
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