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R. v. J.L.M., 2017 BCCA 258

Lawyer: Lolita Rudovica In the decision, the panel struck down as unconstitutional a minimum sentence under the Criminal Code and engaged in a sophisticated an…
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Divorce Negotiation Tactics: Dependent Person and Child Tax Credits

A recent line of tax cases has provided some insight into divorce negotiation tactics with respect to availability of tax credits where child custody is split…
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How is Child Support Calculated Where Spouse Earns Corporate Income?

How is child support calculated where the payor spouse earns income as a shareholder, director, or officer of a corporation? I have previously discussed some i…
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Calculating Income for Child Support Where Income Fluctuates from Year to Year

When calculating income for child support, the Federal Child Support Guidelines state that where the parties do not agree on the payor spouse’s income, the cou…
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Adult Dependent Children: When Does Child Support End?

When does child support end for adult independent children? Does child support end if the child is estranged from the parent? Does child support end when the c…
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Filing for Separation in BC: Sex and Separation

People often use the phrase “filling for separation”, but there is technically no such thing as legal separation or filing for separation in BC. Spouses can se…
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BC Family Law: Post-Separation Change in Value of Family Property

Under BC family law, separated spouses divide family property and family debt that existed at the date of separation, but the valuation date is usually the dat…
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Is Family Property Divided Equally After Separation?

On marriage breakdown, many spouses ask: “Is family property divided equally after separation?” The answer is that family property and debt is divided equally…
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How to Divide Family Property: No “Second Kick at the Can” to Prove a Claim

Upon marriage breakdown, it will be necessary to divide family property and assets, either by agreement of the separating spouses or by order of the court. If…
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BC Spousal Support & Family Law Issues: Is Summary Trial Suitable?

In BC, separating spouses can settle spousal support and other issues by agreement. If they cannot agree, the court decides, usually after a trial. Because ful…