Divorce Law BC: Post-Separation Expenses

Divorce Law BC: Post-Separation Expenses

Upon divorce BC law (Family Law Act) and federal law (Divorce Act) apply to issues such as child support, spousal support, and division of property. The effective application of these laws will be hampered where the spouses fail to make meaningful financial disclosure...
How Does Child Support Work If Income Fluctuates?

How Does Child Support Work If Income Fluctuates?

The amount of child support depends on the payor parent’s income, so how does child support work if the payor spouse’s income fluctuates significantly? In such situations, it may be appropriate to average income over a period of years. In Harras v. Lhotka, 2016 BCCA...
Deemed Dividends: How Is Child Support Calculated?

Deemed Dividends: How Is Child Support Calculated?

How is child support calculated where the payor parent has unusual forms or patterns of income or is able to manipulate their income for tax purposes? For example, in Andreassen v. Andreassen, 2016 BCSC 1196 the court was asked: how is child support calculated when it...
Back Child Support for Teenage Children

Back Child Support for Teenage Children

The issue of back child support for teenage children often arises after a teenager alters the status quo by moving from one parent’s residence to the other. Parents may agree to modify child support payments to reflect the altered living arrangements. In Goulding v....
Retroactive Reduction of Back Child Support

Retroactive Reduction of Back Child Support

The factors a court must consider before making an order for back child support were identified by the Supreme Court of Canada in D.B.S. v. S.R.G., 2006 SCC 37. In that case, the recipient parent sought an increase in child support payments with retroactive effect to...
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