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PAE ~,~V lN[I)N il[~..iI 'S .I[BN' FR11;PRESS 1bRed Cross swimm.ing grads The following young people have graduated from the pre-beginners and beginners swim- ming programs spon- sored by the Whitby Branch of the Canadian Red Cross Society. They graduated from the programs held by the Whtby Department of Parks and Recreation. PRE-DEGINNER Michael Mitchell Sharon Boge Elizabeth Goverde Kevin Arbour Chria Thorne BrLan Cray EdWorona Cindy Willla Dîna Dettacoili Rina Rouaas PhlIp Kirk Brian Yaaman Duane Vanineurs Scott Starke MaLltn Kerruish Sc"ttarco Jeff Meer Scott Primae John Edwari Naveed Mail Steven urrie Kathy Martin John Glermans Margaret Sleep Andrea Brueahke Jesmifer Moinar Kate O'Malley Vlckle Niepel Cathine Menard Sharron March Stacy 0OConxnel] Dorothy Leung Richard Scott Sean Heaney Carolyn Tensen Paul Lock Shanon Kawa Martin Tripp Ben Newell Ronald Choy Maureen Keegan Shirley Ottman Joan Galfiger Ann Valcil Jacqueline Dut-- Yvan Dube Elleen Cameron Judy Laundire Derrick Clarke Judy Drago Marianne Mlfaud Jay Stewart Deana May Mark Bratton Martin Kehoe Crlatie Johnson Jason raichefi Brad ibando BEGINNER Paul Brooks SoniaTIlpplng Brendon 0'Malley Shawna Wagn.er DavidSmlith Paul Davies Mark Muldowney Jennifer Cary Wendy Gray Troyanne Santos Stephanle Sawdon Kylie Campbell Jamie Harris Todd Cyr Tlroy Hurpibese Kim Couper Judy Drago Kyle Campbell Stephanie Sawdon Wendy Jean Gray Troyanne Santos Troy Hurtbes Scott Jern Michael Boyle Michael Crawshaw Anna Vanderwal Kelly Quinn Graham Stewart Ramona Grixti Shelley Cheetow George Little Carol Willlaton Christine Callahan Penny Emmett Helen Robinson Gloria Farrugla Anita Princiotto David Catteral Billy }Ieiney Trina Inwood Mike Kavanaugh Elliott Quelch Jeff Page Bill Parsonson Jeffrey Bugelli Chris Claxton TamMy Bilodeau Michael Moschella Steven Christian John Forshaw Michael Belanger Garrett Ward Jodi Ami Shepard Paul Mosehella Stephen Baxter Michelle Fowlie- Jenny Potts Tanimy Lynn Marritt Frank Corrick Paul Perron Kyle Braun Dean Allen Tom Klinaftabis Chris Watson Ryan Christie Pete Park Matthew Paterhowski Brian Perrault Darren Forbes Kim Allen Robin Fairbrother Caroline Diuvesteyn Thomas Gares Kathy Schloen Janette Pluister Mike Lacombe Glen Hobbs St.arr Waters Douglas Bray Bobbijo Barnard James Pearson Bonnie Barjarow Nicky Gibeault Jeffrey Wrice Matthew Hewitt Carol Reid Viml"'harma i, r Knowing thé' Law By BARRY L. EVANS, BA, LLB Barrister and Solicitor b The first thing many clients say upon consulting me is. *"I want to be legally separated." 1 usually ask them if they are living apart from their spouse. and if the answer is affirmative, 1 tell them they are legally separated. (The Province of Quebec is the only exception to this general statement.> However, most people think of legal separation as being created by a court order or by a separation agreement. For the purposes of the Income Tax Act, these are in fact the only legal separations. To illustrate, a person paying support for his or her spouse or children cannot deduct those payments for income tax purposes unless they are paid pur- suant to a court order or separation agreement. In addition, the person receiving such payments does not have to include themn as income in the tax return-. Once payments are made pursuant to a separation agreement or court order, they are deductions for the payer, and taxable income for the payee. The Income Tax Act also will not allow a father Le gai s epa rations with custody to deduct daycare expenses unless he has custody by virtue of a court order or separation agreement. This is applicable to fathers only, and mothers with custody don't need any court order or separation agreement for deducting daycare ex- penses. (Fathers are also limited to $30 per week per child deduction, but sex discrimination will be the subject of a future column.) The Divorce Act recognizes any form of separation for the purpose of calculating the period of separation required for, a divorce based on 'marriage breakdown' for three or five years, so a written separation agreement or court order is not required. When should you obtain a separation agreement or court order? First, you can only obtain a separation agreement if you and your spouse can agree. If you can, you should in alI cases get one, since it wîil settle any questions of custody, access, support and division of property in a weIl-defined manner. When you eventually go to court for a divorce, legal fees will probably be less since there will be very little to fight about, if anything. In my experience, most divorces are uncontested where there is a separation agreement in existence. If no agreement can be reached, a court decision may be required. If you are concerned about your spouse 'kidnapping' the children, a custody order should be obtained. Without an order, either parent may legally take the children, but a court order will prevent this. A bill introduced to the legislature will, if passed. make it a criminal offence for either parent to remove the children without first ob- taining a court order. You wiIl also have to go to court to force payment of support and to obtain a fair division of property. if these items cannot be agreed upon. This column is meant to be educational only. For specîfic problems seek the advice of a îawyer. Those lawyers who practice family law are Iisted under lawyers in the Yellow pages of the telephone bo)ok. cm THE CORPORATION 0F THETOWN OFWHITBY PUBLIC NOTICE COU NTY TOWN CARNIVAL The 1981 Counly Town Carnival Programme inadvertently makes roference la a Carnival Flower Show to fate place at the Whltby Municipal Building on August lI and 2nd, 1981. Please be advlsed thal there will fol be a f lower show ai the Municipal Building 1h18 weekend. A cordial Invitation is exlended 10 the public, however, loattlend the Counly Town Carnîval Crafîs and Hobby Fair at the Whllby Municipal Building on Salurday, Augustl sI, 1981, from 1:00 p.m. to 8:00 p.m. and on Sunday, Augusl 2nd, 1981, lrom 12:00 noon la 5:00 p.m. Donald G. Mc Kay, B.A., A. M.C.T.. Clark, The Corporation of the Town af Whilby Carnival Queen '81 Emiline Smith, 17, of White Oaks Court was chosen Miss County Town Car- nival 1981 last week. Smith has been a resident of the town for three years, ever since she came to Canada from her native Scotland. She recently graduated from Henry Street High Sehool and hopes to take a data processing course at Durham College this fail. The 109-lb, brunette received $300 in prize money which she said will go towards her tuition fees, Smith works as a cashier in a local' supermarket. The judges of the contest, sponsored by Branch 112 of the Royal Canadian Legîon, also selected two princesses. They were Kim Pettifer, 19, and Laurel Campbell, 17, both of Whitby. Both girls received a $150 cash prize. - Free Press Photo by Michael Burgess