Please feel free to post your BC divorce and British Columbia separation questions on BC Child custody, BC access, BC Spousal support, and BC family assets on our MacLean Family Law Group facebook page
How is BC child support calculated and who is liable?
The amount of British Columbia child support and duration of BC child support for parents of children living in BC is calculated by reference to the Divorce Act , the BC Family Relations Act, the Federal Child Support Guidelines all of which apply to child support determination in British Columbia.
In all cases, the amount of BC child support is calculated on the basis of Canadian Child Support Guidelines, which stipulate the support payable. The amount of support is based on the income of the non-custodial parent, generally without regard to the income of the custodial parent EXCEPT FOR SECTION 7 special and extraordinary expenses BUT both BC parents incomes and possibly that of their new partners can be used when the arties share near equal contol of the BC children sujectto achild support order.
British Columbia shared and split child custody
Shared custody and guardianship is becoming more common in British Columbia and in general terms, when BC separated parties share custody on a relatively equal basis the set off method is often used. The setoff method reflects the increased costs of the British Columbia family law party sharing custody and the supposed decreased costs to the parent who has the children less than the majority of the time
Great new online child custody calendar
A great new Justice Canada Child Custody and British Columbia child access online calendar will help BC Family Law clients and BC Family Lawyers keep each party informed and up to date on what their children are doing after marriage breakdown.
What happens when a spouse disposes of money or hides assets?
I am often told by my BC Family Law clients that they suspect family assets or family money have been hidden or gone missing near the end of a marriage. To avoid this problem I recommend you keep a close eye on assets, bank accounts, company financial statements and credit cards amongst other assets and […]
BC SEPARATION AGREEMENT ENFORCEMENT AND VARIATION
Parties often settle their marital breakdown differences by entering into a contract called a separation agreement. How are separation agreements enforced and in what courts in British Columbia?
BC Family Asset and British Columbia Property Division and Reapportionment in Short to Medium Length Marriages Ending in British Columbia Divorce
As Vancouver family lawyers and Fort St John family law and divorce lawyers, we are often asked what BC courts do in shorter marriages in British Columbia that end in divorce both with respect to British Columbia spousal support and BC family asset division. We are also frequently asked what kind of BC assets are divided at the end of a marriage? We advise people that the test is whether the assets were ordinarily used for a family purpose.
BC Retroactive Child Support and BC Spousal Support
Our BC Court of Appeal recently reiterated the test for retroactive awards of British Columbia child support in Hinds v. Hinds [2008] BCJ No. 2540 where the Court reviewed the law.
The Joyce and Horn Clauses and BC Child Custody and Guardianship 2009
There are two different sets of clauses that can be used to define child raising obligations in BC family law cases involving joint and shared custody and guardianship. The first of these clauses gives the primary parent a final say or veto power if there is a family law dispute involving British Columbia child custody and […]
BC Spousal Support and Alimony Update 2009
I recently had the pleasure of appearing in front of the Supreme Court of Canada in the infamous spousal support and spousal misconduct decision of Leskun. That case involved the principles to be applied to deciding the quantum and duration of spousal support in British Columbia and Canada, and in what circumstances it is appropriate […]