As Vancouver family lawyers and Fort St John family law and divorce lawyers, we are often asked what BC courts do in shorter marriages in British Columbia that end in divorce both with respect to British Columbia spousal support and BC family asset division. We are also frequently asked what kind of BC assets are divided at the end of a marriage? We advise people that the test is whether the assets were ordinarily used for a family purpose.
BC Retroactive Child Support and BC Spousal Support
Our BC Court of Appeal recently reiterated the test for retroactive awards of British Columbia child support in Hinds v. Hinds [2008] BCJ No. 2540 where the Court reviewed the law.
The Joyce and Horn Clauses and BC Child Custody and Guardianship 2009
There are two different sets of clauses that can be used to define child raising obligations in BC family law cases involving joint and shared custody and guardianship. The first of these clauses gives the primary parent a final say or veto power if there is a family law dispute involving British Columbia child custody and […]
BC Spousal Support and Alimony Update 2009
I recently had the pleasure of appearing in front of the Supreme Court of Canada in the infamous spousal support and spousal misconduct decision of Leskun. That case involved the principles to be applied to deciding the quantum and duration of spousal support in British Columbia and Canada, and in what circumstances it is appropriate […]
Leskun – Spousal Misconduct and BC Spousal Support
The long awaited British Columbia case involving, spousal misconduct and BC spousal support, of Leskun came down on June 21, 2006. The BC spousal support case broke ground on the issue of what- if any- impact should spousal misconduct and its consequences have on spousal support awards and what proof should be required. One of […]
LESKUN- SPOUSAL MISCONDUCT AND BC SPOUSAL SUPPORT
The long awaited British Columbia case involving, spousal misconduct and BC spousal support, of Leskun came down on June 21, 2006. The BC spousal support case broke ground on the issue of what- if any- impact should spousal misconduct and its consequences have on spousal support awards and what proof should be required. One of […]
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 […]
BC FAMILY LAW AND DIVORCE LAW ALERT – WHEN IS A TRUST A FAMILY ASSET?
Family trusts are common estate and tax planning devices. There is often the mistaken assumption that a spouse’s interest in the capital from a trust set up by his or her parents or family member is not a family asset that will be shared with the other spouse although the income from that trust can […]
Spousal Support and the Duty of Self Sufficiency
One of the most contentious issues on marriage breakdown is should one spouse be supported by the other and if so how much will be paid and for how long. A huge issue that often arises is over what the lower income spouse can earn. I often tell clients that the theory used by Robin […]
