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 Child Custody – What Happens When a Parent With Child Custody Wants to Move Away?
An interesting BC family law and divorce article on BC Child Custody and BC child access and BC parental mobility was published in the Vancouver Sun today by Darah Hansen. The article points out that there is no automatic entitlement to move away with child after divorce -but rather the court will look at what […]
Free British Columbia Divorce and Travel Consent Form To be used by Custody and Access Parents to leave BC
Parents who are divorced or separated in BC and who have child custody or child access need a signed travel consent form signed by the other parent or a BC court order saying they have sole custody or the right to leave the country to avoid problems when leaving with their children or returning to British Columbia. Make sure you get the form signed well in advance of the trip to avoid last minute stress for you and the children.
BC FAMILY LAW ANNOUNCES FREE BC DIVORCE AND SEPARATION QUESTION AND ANSWER FORUM ON MACLEAN FAMILY LAW GROUP’S FACEBOOK PAGE
Please feel free to post your BC divorce and British Columbia separation questions on BC Child custody, BC access, BC Spousal support, and BC family assets on our MacLean Family Law Group facebook page
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
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 […]
