New BC Family Law changes- BC Family Relations Act Reform 2010 and the BC Family Law Act White Paper provides dramatic BC Family Law reforms to BC spousal support, BC family property division, BC common law property division, BC child custody-Lorne N. MacLean will be interviewed on the BC Family Relations Act Reform Law , […]
BC Family Asset & BC Property Division – New Rules
BC Family Law and Interim Distribution of BC Family Assets and Advances to Pay BC Legal Fees: Who Pays the Piper in Divorce? We are all familiar with the notion that he who pays the piper calls the tune, but what happens when you don’t have the money to pay the piper? In contested divorce […]
BC Case Alert-Unmarried Couples, BC Marriage Like Relationship and BC Spousal Support
P.P.W. v. R.S.L.B., 2010 BCSC 58 – 2010/01/15 Is an interesting BC unmarried couples, BC common law and BC marriage like relationship case where the BC Supreme Court had to determine if unmarried parties lived in a marriage like relationship” for a period of two years sufficient to justify entitlement to a spousal support award. […]
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 […]
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 […]
BC FAMILY ASSETS AND BC PROPERTY DIVISION AND BC FAMILY ASSET VALUATION ISSUES IN SPECIE DIVISION OF FAMILY ASSETS
Many BC Family Law and British Columbia divorce clients who have BC family assets and who are dividing BC family assets may be missing the boat on getting their fair share of BC family assets or other or BC business assets when an asset at the time of trial or division in a separation agreement has no current value but which BC family asset has the potential to increase in value in the future. Where a BC commercial property or BC business asset or BC patent asset currently has no value a good BC Family Law lawyer should ensure that you do not simply transfer your one half share in this BC family asset to the other spouse for no value.
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.
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
BC Common Law Relationships, unmarried couples and rights to BC 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
BC Family Law High Net Worth Spousal Support Income Update
Lorne MacLean, high net worth BC divorce lawyer and his BC MacLean Family Law Group handle many high BC spousal support income and high BC family asset net worth cases and recently obtainbe a combined child and spousal support award of almost $30,000 per month. Many high net worth BC family asset cases not surprisingly involve high BC spousal support income as well. Until recently it had been thought that a BC high net worth family asset award to a spouse of perhaps 3 to 4 million dollars would mean the BC spouse with a lower income would not be entitled to spousal support as they would be receiving a generous award of family assets which could be used to generate income and as well the capital could be slowly used up as well over the lifetime of the spouse. The recent BCCA case of Chutter has turned this idea upside down.
