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Kawchuk v. Kovacs: Incomplete Disclosure
Divorce Negotiation Tactics: Settlement Without Full Financial Disclosure
As a matter of policy, the courts encourage settlement of matrimonial disputes throu…
Misrepresenting Income: Are You Entitled to Spousal Support?
Are You Entitled to Spousal Support Increase if Your Spouse Misrepresents Income?
If you negotiate a separation agreement, but later find out that your ex-spou…
Stobo v. Stobo: Changing a Spousal Support Agreement
Applicants must ensure that they utilize the proper procedure for making changes to a spousal support agreement. The correct procedure will depend on a number…
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 effect…
Calculating Income for Child Support: Proving Business Expenses and Why It Matters
Where a parent is self-employed or controls a corporation, who bears the burden of proof to demonstrate that certain business expense deductions are reasonable…
How Is Child Support Calculated If Income Is Over $150,000?
I am often asked, how is child support calculated where one parent’s income is over $150,000? Rigid application of the Federal Child Support Table may result i…
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 exam…
Retroactive Child Support and Structure of Support Reviews
The Court of Appeal for British Columbia recently discussed the interpretation of provisions in a separation agreement regarding spousal support and the effect…
No Deemed Blameworthiness for Retroactive Child Support
The Supreme Court of Canada articulated the test for retroactive child support in D.B.S. v. S.G.R., 2006 SCC 37. Since then, the nuances of retroactive child s…
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…