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FORM 13.1
Applicant(s)
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Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and email address (if any). |
Lawyer's name & address — street & number, municipality, postal code, telephone & fax numbers and email address (if any). |
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Respondent(s)
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Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and email address (if any). |
Lawyer's name & address — street & number, municipality, postal code, telephone & fax numbers and email address (if any). |
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INSTRUCTIONS
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| 1. USE THIS FORM IF: · you are making or responding to a claim for property or exclusive possession of the matrimonial home and its contents; or
· you are making or responding to a claim for property or exclusive possession of the matrimonial home and its contents together with other claims for relief.
2. DO NOT USE THIS FORM AND INSTEAD USE FORM 13 IF:
· you are making or responding to a claim for support but NOT making or responding to a claim for property or exclusive possession of the matrimonial home and its contents. |
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1. |
My name is (full legal name)
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I live in (municipality & province)
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and I swear/affirm that the following is true:
My financial statement set out on the following
page is accurate to best of my knowledge and
belief and sets out the financial situation as of (date for which information is accurate)
[Month, Day, Year]
for:
| **Check one or more boxes, as circumstances require.
me
the following person(s): (Give name(s) and relationship to you.)
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| NOTE:When you show monthly income and expenses, give the current actual amount if you know it or can find out. To get a monthly figure you must multiply any weekly income by 4.33 or divide any yearly income by 12. |
PART
1: INCOME
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| PART 2: OTHER BENEFITS Show your non-cash benefits – such as the use of company car, a club membership or room and board that your employer or someone else provides for you or benefits that are charged through or written off by your business. |
| 19. |
GROSS MONTHLY INCOME AND BENEFITS (ADD [17] plus [18] |
TOTAL $
*we calculate this for you |
PART 3: AUTOMATIC DEDUCTIONS FROM INCOME
TYPE OF EXPENSE |
Monthly |
20. |
Income tax deducted from pay |
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21. |
Canada Pension Plan |
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Other pension plans |
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Employment insurance |
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24. |
Union or association dues |
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Group insurance – Term Life |
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Other (Specify.) |
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TOTAL AUTOMATIC DEDUCTIONS ($) |
*we calculate this for you |
PART 4: TOTAL EXPENSES
| Note: This part must be completed in all cases. You must set out your TOTAL living expenses, including those expenses involving any children now living in your home. This part may also be used for a proposed budget. To prepare a proposed budget, photocopy Part 4, complete as necessary, change the title to “Proposed Budget” and attach it to this form. |
SUMMARY OF INCOME AND EXPENSES
PART 5: OTHER INCOME INFORMATION
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I am |
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employed by (name and address of employer) |
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2. I attach the following required information
(if you are filing this statement to update or correct an earlier statement, then you do not need to attach income tax returns that have already been filed with the court): |
I attach proof of my current income, including my most recent
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(check if applicable) I am an Indian within the meaning of the Indian Act (Canada) and all my income is tax exempt and I am not required to file an income tax return. I have therefore not attached an income tax return for the past three years. |
PART 6: OTHER INCOME EARNERS IN THE HOME
| Complete this part only if you are making a claim for undue hardship or spousal support. Indicate at paragraph 1 or 2, whether you are living with another person (for example, spouse, same sex partner, roommate or tenant). If you complete paragraph 2, also complete paragraphs 3 to 6. |
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I am living with (full legal name of person) |
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3. |
This person has (give number) |
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child(ren) living in the home.
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4. |
This person |
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works at (place of work or business) |
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does not work outside the home.
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| PART 7: ASSETS IN AND OUT OF ONTARIO
If any sections of Parts 7 to 12 do not apply, do not leave blank, print “NONE” in the section.
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| PART 7(b): GENERAL HOUSEHOLD ITEMS AND VEHICLES Show estimated market value, not the cost of replacement for these items owned on the dates in each of the columns below. Do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part 8, “Debts and Other Liabilities”. |
Nature & Type ofOwnership(Give your percentage interest where relevant.)
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Address of Property
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Description |
Indicate if NOT in your possession |
| Household goods and furniture |
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| Cars |
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| Boats |
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| Jewelry, Art |
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| Electroncis, Tools |
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| Sports, Hobby |
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| Equipment |
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| Other special items |
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| 84. Total Value of General Household Items and Vehicles |
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PART 7(c): BANK ACCOUNTS, SAVINGS, SECURITIES AND PENSIONS
Show the items owned on the dates in each of the columns below by category, for example, cash, accounts in financial institutions, pensions, registered retirement or other savings plans, deposit receipts, any other savings, bonds, warrants, options, notes and other securities. Give your best estimate of the market value of the securities if the items were to be sold on the open market.
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Institution (including location)/Description (including issuer and date) |
Account number |
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PART 7(d): LIFE & DISABILITY INSURANCE
List all policies in existence on the dates in each of the columns below.
| Company, Type & Policy Number |
Owner |
Beneficiary |
$Face
Amount |
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PART 4: TOTAL EXPENSES
| Note: This part must be completed in all cases. You must set out your TOTAL living expenses, including those expenses involving any children now living in your home. This part may also be used for a proposed budget. To prepare a proposed budget, photocopy Part 4, complete as necessary, change the title to “Proposed Budget” and attach it to this form. |
SUMMARY OF INCOME AND EXPENSES
PART 5: OTHER INCOME INFORMATION
1. |
I am |
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employed by (name and address of employer) |
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2. I attach the following required information
(if you are filing this statement to update or correct an earlier statement, then you do not need to attach income tax returns that have already been filed with the court): |
I attach proof of my current income, including my most recent
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(check if applicable) I am an Indian within the meaning of the Indian Act (Canada) and all my income is tax exempt and I am not required to file an income tax return. I have therefore not attached an income tax return for the past three years. |
PART 6: OTHER INCOME EARNERS IN THE HOME
| Complete this part only if you are making a claim for undue hardship or spousal support. Indicate at paragraph 1 or 2, whether you are living with another person (for example, spouse, same sex partner, roommate or tenant). If you complete paragraph 2, also complete paragraphs 3 to 6. |
2. |
I am living with (full legal name of person) |
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3. |
This person has (give number) |
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child(ren) living in the home.
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4. |
This person |
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works at (place of work or business) |
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does not work outside the home.
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| PART 7: ASSETS IN AND OUT OF ONTARIO
If any sections of Parts 7 to 12 do not apply, do not leave blank, print “NONE” in the section.
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| PART 7(b): GENERAL HOUSEHOLD ITEMS AND VEHICLES Show estimated market value, not the cost of replacement for these items owned on the dates in each of the columns below. Do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part 8, “Debts and Other Liabilities”. |
Nature & Type ofOwnership(Give your percentage interest where relevant.)
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Address of Property
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| Item |
Description |
Indicate if NOT in your possession |
| Household goods and furniture |
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| Cars |
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| Boats |
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| Jewelry, Art |
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| Electroncis, Tools |
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| Sports, Hobby |
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| Equipment |
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| Other special items |
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| 84. Total Value of General Household Items and Vehicles |
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PART 7(c): BANK ACCOUNTS, SAVINGS, SECURITIES AND PENSIONS
Show the items owned on the dates in each of the columns below by category, for example, cash, accounts in financial institutions, pensions, registered retirement or other savings plans, deposit receipts, any other savings, bonds, warrants, options, notes and other securities. Give your best estimate of the market value of the securities if the items were to be sold on the open market.
| Category |
Institution (including location)/Description (including issuer and date) |
Account number |
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PART 7(d): LIFE & DISABILITY INSURANCE
List all policies in existence on the dates in each of the columns below.
| Company, Type & Policy Number |
Owner |
Beneficiary |
$Face
Amount |
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PART 4: TOTAL EXPENSES
| Note: This part must be completed in all cases. You must set out your TOTAL living expenses, including those expenses involving any children now living in your home. This part may also be used for a proposed budget. To prepare a proposed budget, photocopy Part 4, complete as necessary, change the title to “Proposed Budget” and attach it to this form. |
SUMMARY OF INCOME AND EXPENSES
PART 5: OTHER INCOME INFORMATION
1. |
I am |
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employed by (name and address of employer) |
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2. I attach the following required information
(if you are filing this statement to update or correct an earlier statement, then you do not need to attach income tax returns that have already been filed with the court): |
I attach proof of my current income, including my most recent
3. |
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(check if applicable) I am an Indian within the meaning of the Indian Act (Canada) and all my income is tax exempt and I am not required to file an income tax return. I have therefore not attached an income tax return for the past three years. |
PART 6: OTHER INCOME EARNERS IN THE HOME
| Complete this part only if you are making a claim for undue hardship or spousal support. Indicate at paragraph 1 or 2, whether you are living with another person (for example, spouse, same sex partner, roommate or tenant). If you complete paragraph 2, also complete paragraphs 3 to 6. |
2. |
I am living with (full legal name of person) |
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3. |
This person has (give number) |
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child(ren) living in the home.
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4. |
This person |
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works at (place of work or business) |
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does not work outside the home.
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| PART 7: ASSETS IN AND OUT OF ONTARIO
If any sections of Parts 7 to 12 do not apply, do not leave blank, print “NONE” in the section.
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| PART 7(b): GENERAL HOUSEHOLD ITEMS AND VEHICLES Show estimated market value, not the cost of replacement for these items owned on the dates in each of the columns below. Do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part 8, “Debts and Other Liabilities”. |
Nature & Type ofOwnership(Give your percentage interest where relevant.)
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Address of Property
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| Item |
Description |
Indicate if NOT in your possession |
| Household goods and furniture |
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| Cars |
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| Boats |
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| Jewelry, Art |
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| Electroncis, Tools |
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| Sports, Hobby |
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| Equipment |
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| Other special items |
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| 84. Total Value of General Household Items and Vehicles |
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PART 7(c): BANK ACCOUNTS, SAVINGS, SECURITIES AND PENSIONS
Show the items owned on the dates in each of the columns below by category, for example, cash, accounts in financial institutions, pensions, registered retirement or other savings plans, deposit receipts, any other savings, bonds, warrants, options, notes and other securities. Give your best estimate of the market value of the securities if the items were to be sold on the open market.
| Category |
Institution (including location)/Description (including issuer and date) |
Account number |
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PART 7(d): LIFE & DISABILITY INSURANCE
List all policies in existence on the dates in each of the columns below.
| Company, Type & Policy Number |
Owner |
Beneficiary |
$Face
Amount |
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PART 7(e): BUSINESS INTERESTSShow any interest in an unincorporated business owned on the dates in each of the columns below. An interest in an incorporated business may be shown here or under “BANK ACCOUNTS, SAVINGS, SECURITIES AND PENSIONS” in Part 7(c). Give your best estimate of market value of your interest.
| Name of Firm or Company |
Interest |
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PART 7(f): MONEY OWED TO YOU
Give details of all money that other persons owe to you on the dates in each of the columns below, whether because of business or from personal dealings. Include any court judgments in your favour and any estate money and any income tax refunds owed to you.
PART 7(g): OTHER PROPERTY
Show other property or assets owned on the dates in each of the columns below. Include property of any kind not listed above. Give your best estimate of market value.
PART 8: DEBTS AND OTHER LIABILITIES
Show your debts and other liabilities on the dates in each of the columns below. List them by category such as mortgages, charges, liens, notes, credit cards, and accounts payable. Don’t forget to include:
· any money owed to the Canada Customs and Revenue Agency;
· contingent liabilities such as guarantees or warranties given by you (but indicate that they are contingent); and
· any unpaid legal or professional bills as result of this case.
PART 9: PROPERTY, DEBTS AND OTHER LIABILITIES ON DATE OF MARRIAGE
Show by category the value of your property and your debts and other liabilities as of the date of your marriage. DO NOT INCLUDE THE VALUE OF A MATRIMONIAL HOME THAT YOU OWNED ON THE DATE OF MARRIAGE IF THIS PROPERTY IS STILL A MATRIMONIAL HOME ON THE VALUATION DATE.
| Category and Details |
| Value on date of marriage |
| Assets |
Liabilities |
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| Land (exclude matrimonial home owned on date of marriage, unless sold before date of separation.) |
| General household items & vehicles |
| Bank accounts, savings, securities, pension |
| Life & disability insurance |
| Business interests |
| Money owed to you |
| Other property (Specify.) |
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| Debts and other liabilities (Specify.) |
PART 10: EXCLUDED PROPERTY
Show by category the value of property owned on the valuation date that is excluded from the definition of “net family property” (such as gifts or inheritances received after marriage).
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Details |
Value on valuation date |
| Gift or inheritance from third person |
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| Income from property expressly excluded by donor/testator |
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| Damages and settlements for personal injuries, etc. |
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| Life insurance proceeds |
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| Traced property |
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| Excluded property by spousal agreement |
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| Other Excluded Property |
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PART 11: DISPOSED-OF PROPERTY
Show by category the value of all property that you disposed of during the two years immediately preceding the making of this statement, or during the marriage, whichever period is shorter.
PART 12: CALCULATION OF NET FAMILY PROPERTY
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Deductions |
Balance |
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I do not expect any financial changes to my institution |
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I do expect changes in my financial situation as follows:
The Respondent has been advised by his family physician, Dr. Corpus, that he should reduce the number of hours he is working due to stress. Consequently, his gross income may drop from the estimate of $105,000 per year to $86,000 per year.
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I attach a proposed budget in the format of Part 4 of this form.
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Note:
NOTE: As soon as you find out that the information in this financial statement is incorrect or incomplete, or there is a material change in your circumstances that affects or will affect the information in this financial statement, you MUST serve on every other party to this case and file with the court:
· a new financial statement with updated information, or
· if changes are minor, an affidavit in Form 14A setting out the details of these changes.
| Sworn/affirmed before me at: |
Rolland Tourigny(This form to be signed in front of a lawyer,justice of the peace, notary public or commissioner for taking affidavits.) |
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| City of Toronto |
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| in--- Province of Ontario |
| (Province, state or country) |
| on--- |
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| Lance Carey TalbotCommissioner for taking affidavits(Type or print below if signature is illegible.) |
FINANCIAL STATEMENT
SUMMARY PAGE
BUDGET
| Income |
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| Income From All Sources |
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| Other Benefits |
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| Automatic Deductions From Income |
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| Net Monthly Income |
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NET FAMILY PROPERTY
Notes:
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