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 […]
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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 […]
Will I be paying Spousal Support Forever?
Spousal Support Awards under BC Family Law Legislation by Alison Ouellet British Columbia Spousal Support awards come in various forms. Awards can be time-limited, permanent or reviewable. But what does all this mean? Is there ever any certainty as to how long the payor will be paying for? The simple answer is no.
BC Child Custody and Child Access Parenting Plan
This BC Child Custody Parenting Plan comes from an excellent website by Gary Direnfeld at www.yoursocialworker.com. Please check out his website and use his worksheet below to come up with a plan you feel best meets the needs of your children. PARENTING PLAN WORKSHEET Date: ____________ Print and complete this worksheet to facilitate discussion and […]
Case Comment on Miglin v. Miglin: Are Separation Agreements Finally Final?
On April 17, 2003, the Supreme Court of Canada released the long-awaited judgment in Miglin v. Miglin [2003] S.C.J. No. 21, 2003 SCC 24, regarding separation agreements. All nine justices of the Supreme Court of Canada heard the appeal from the Ontario Court of Appeal. Judgment for the majority of seven justices was written by […]
BC Divorce & BC Family Law RRSP, Pension, Insurance
Revoking Designated Beneficiaries: Better Safe than Sorry! Once parties have completed a separation agreement or have finalized the division of property after a divorce or relationship breakdown, each may believe that they have sufficiently dealt with property matters and can move on with their lives having successfully disentangled themselves. This may not always be the […]
Parallel Parenting
Child custody in British Columbia
Restrictive Retroactive Child Support Guidelines Decision
BC family law practitioners have come to believe that the courts will almost routinely allow for a retroactive child support correction in cases where a payor’s income has increased on an annual basis from the amount that was originally used to calculate the child support obligation. However, it is now critical that family law lawyers […]
Restrictive Retroactive Child Support Guidelines Decision Could Spell Disaster for Children and for Family Lawyers who fail to include annual Child Support Reviews
BC family law practitioners have come to believe that the courts will almost routinely allow for a retroactive child support correction in cases where a payor’s income has increased on an annual basis from the amount that was originally used to calculate the child support obligation. However, it is now critical that family law lawyers […]
The Presumption for Status Quo: Is it Time to Let it Go?
Where parties are claiming custody of or access to children, either or both of the parties may apply to court for an interim order for custody or access. An interim order is one that is made after the proceedings have been started but before the trial. The court must consider what is in the best […]
