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Key Canadian Tax Decision Allows Deduction of Divorce and Family Law Legal Fees Related to BC Child Support

A new Tax Court ruling affecting BC child support legal fee deduction could help you save thousands provided your BC family law counsel is aware of this important development. Come see The BC child support lawyers at MacLean Family Law Group to learn more about how this important ruling affects you. In short a new […]

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BC Spousal Support Advisory Guidelines-SSAG- BC Support Success Story for MacLean Family Law Group-Pre Tax Profits Used For High Support

Lorne MacLean BC SSAG support and spousal support guidelines lawyer, using the with child support spousal support advisory guideline formula, recently succeeded in obtaining a lucrative BC Spousal Support Advisory guideline ” SSAG” and BC child support guidelines award on behalf of his client, the wife, in a complex and high net worth BC guidelines […]

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BC Law on Varying or Setting Aside Unfair BC Separation Agreements or BC Marriage Agreements 2010 Update

We are often asked to review BC separation agreement or BC marriage agreements with a view to setting the BC separation or BC Marriage agreement aside and Shelagh Kinney of our BC Family Law office had a nice win recently in a case on behalf of the wife in L v. L, a BC Supreme […]

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BC Child Custody and BC Child Mobility Update – Moving a Child Away

BC Child Custody and BC Child Mobility or change of residence cases often involve the need by one parent to move themselves and their child away from their existing residence- classified as BC child mobility or change of residence- to return to be closer to family support, to move away to obtain a promotion or […]

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Adultery and Misconduct in BC Divorce and British Columbia Separation

Many BC divorce and British Columbia Separated parents involved in a BC child custody case think their chances of receiving child custody, more or less support, or a larger share of the family property will change if their spouse has had an affair. In reality an affair has little if any impact on the issues […]

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WHAT INCOME IS USED FOR BC SPOUSAL AND BC CHILD SUPPORT FOR A SELF EMPLOYED BC OWNER OF A BUSINESS?

Warning-Pre tax profits are the default guideline income for spousal and child support. We often warn our family clients involved in a BC spousal or child support case that the tax return of a BC self employed spouse does not present an accurate picture of the income that the court will use for determining guideline […]

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BC Separation Law for Divorcing and Separating Common Law and Unmarried Spouses

We as British Columbia family law and BC divorce lawyers as well as lawyers acting for unmarried couples are often asked to explain the differences in law that applies to divorcing as opposed to separating unmarried couples. There are several differences between the legal rights of individuals separating from a marriage versus those that are […]

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BC SPOUSAL SUPPORT CONSENT ORDERS VARIATION AND MIGLIN TWO STEP TEST FOR VARIATION OF SPOUSAL SUPPORT

In Turpin v Clark the BC Court of Appeal partially allowed a husband’s appeal from a BC spousal support judgment allowing the wife’s upward quantum variation to comply with the Spousal Support Advisory Guidelines of a Consent step down BC spousal support Order.

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HIGH INCOME BC SPOUSAL SUPPORT AND CHILD SUPPORT GUIDELINES CALCULATION AND GROSS UP FOR LOWER TAXES

BC spousal support and child support awards start with a proper calculation of the BC paying spouses spousal and child support guideline income which can be taken from tax returns, financial statements showing pre- tax corporate earnings and in cases of foreign income a figure that may be grossed up to reflect a Canadian equivalent income for exchange rate differences and to take into account the income may be received on a tax free basis or on a reduced tax basis compared to the prevailing rates in Canada. Income will often also include bonuses, severance pay and overtime.

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BC Common Law Relationships, Unmarried Couples and Child Support

A recent BC Supreme Court common law trust and property claim and step parent child support case Hall v. Becker explains nicely how a common law trust claim and property claim work. It also analyses the duty at BC law of a BC step parent to pay BC child support and considers the duty of both the natural father and step parent to pay child support in a case where the mother has re-partnered. A step parent is liable

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