The long awaited British Columbia case involving, spousal misconduct and BC spousal support, of Leskun came down on June 21, 2006. The BC spousal support case broke ground on the issue of what- if any- impact should spousal misconduct and its consequences have on spousal support awards and what proof should be required. One of […]
LESKUN- SPOUSAL MISCONDUCT AND BC SPOUSAL SUPPORT
The long awaited British Columbia case involving, spousal misconduct and BC spousal support, of Leskun came down on June 21, 2006. The BC spousal support case broke ground on the issue of what- if any- impact should spousal misconduct and its consequences have on spousal support awards and what proof should be required. One of […]
Child Tax Benefit Credits for Non-Custodial Parents
Few non-custodial parents know it, but they too can be eligible for Child Tax Benefit Credits under certain conditions. According to Canada Customs and Revenue Agency’s website (http://www.ccra-adrc.gc.ca), the Child Tax Credit is defined as follows: The CCTB is a non-taxable amount paid monthly to help eligible families with the cost of raising children under […]
2006 BC and BRITISH COLUMBIA CHILD SUPPORT GUIDELINES AMENDMENTS CHANGE BC CHILD SUPPORT PAYMENT AMOUNTS MAY 1, 2006
BC Child support guideline payments will change as Federal Amendments to the Canadian and BC Child Support Guidelines will come into effect on May 1, 2006 in British Columbia for BC child support payments and across Canada and will change to increase payment amounts for BC Child Support payments. A two pronged definition for BC […]
BC FAMILY LAW AND DIVORCE LAW ALERT – WHEN IS A TRUST A FAMILY ASSET?
Family trusts are common estate and tax planning devices. There is often the mistaken assumption that a spouse’s interest in the capital from a trust set up by his or her parents or family member is not a family asset that will be shared with the other spouse although the income from that trust can […]
Spousal Support and the Duty of Self Sufficiency
One of the most contentious issues on marriage breakdown is should one spouse be supported by the other and if so how much will be paid and for how long. A huge issue that often arises is over what the lower income spouse can earn. I often tell clients that the theory used by Robin […]
BC CHILD CUSTODY UNDER BC FAMILY RELATIONS ACT AND DIVORCE ACT
Lorne MacLean, a BC family law lawyer and BC Divorce law lawyer feels strongly about educating the public about BC child custody under the BC child custody portions of the Family Relations Act and the BC child custody sections of the Divorce Act that also govern BC child custody. Custody, guardianship and access rights/arrangements can […]
DIVIDING BUSINESS ASSETS IN A DIVORCE IN BRITISH COLUMBIA – WHOSE BUSINESS, HOW MUCH?
One of the most contentious issues in divorce proceedings is the division of business assets. The first question is whether the business interest is a family asset. The second is, if it is a family asset, how it should be valued for the division of assets. The spouse seeking to keep the business in his […]
SHARED CUSTODY AND THE CHILD SUPPORT GUIDELINES CONTINO SUPREME COURT OF CANADA
In a child support judgment rendered on November 10, 2005 in Contino v. Leonelli-Contino, the Supreme Court of Canada has addressed the calculation of child support under the Child Support Guidelines in shared parenting situations. This decision is now the leading child support case in Canada and for BC child support in shared custody cases […]
BC CHILD CUSTODY AND BC SEPARATION AGREEMENTS
In our recent July 21, 2005 article on separation agreements and BC child custody and BC child guardianship and BC child access we opined that the test to vary a BC separation agreement’s custody terms was now higher than the test to vary a custody order under the Gordon v. Goertz test. The Alberta decision […]
