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 […]
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 […]
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 SPOUSAL SUPPORT REVIEW ORDERS AND ATTRIBUTED AND IMPUTED INCOME TO RECEIPIENT SPOUSE AND ONUS AT BC SPOUSAL SUPPORT HEARING REVIEW HEARING
The Supreme Court of Canada established defined the limited situations when a BC spousal support review can be ordered on BC spousal support awards in the Leskun. The British Columbia spousal support review order is still used as a tool to encourage a reluctant spouse to take steps to move in part or in whole towards self- sufficiency.
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.
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.
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.
