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 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 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
What Makes the Best* BC Family Lawyer or Top Vancouver BC Family Law Firm?
As the managing partner at MacLean Family Law I recently spoke to a number of Canada‚’s largest law firm managing partners at the CBA Law Firm Leadership Conference in Toronto, where I told the audience we needed to regain the public’s trust as lawyers and to show more compassion for our clients and that our goal as lawyers on behalf of our clients was to make everyone involved in our clients’ family law matter a part of the crew and not part of the cargo.
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 […]
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.
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.
