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
BC Common Law Relationships, BC Cohabitation Spousal Support and BC Unmarried Couples Property Division
More BC spouses live in BC common law relationships or marriage like relationships and when they separate the law that applies for spousal support and property division can be different than for married persons. Recent BC family law articles in the Globe and other papers indicate that more people are choosing to live together without […]
Retroactive British Columbia Child Support Guidelines 2009 Update – Credit for Voluntary Payments in BC
A recent BC family law, BC Court of Appeal case addressed the issue of giving credit to a millionaire payor spouse who failed to disclose his true income as against a retroactive award of BC child support based on the BC paying spouses blameworthy conduct in failing to disclose his true income over several years.
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
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 […]
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 […]
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 […]
