Category: Family Law
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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 or shared. Harder v. The Queen, 2016 TCC 197 is one of those cases; it deals with a taxpayer’s ineligibility for a wholly dependent person tax credit and a child […]
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 issues that can arise when a spouse earns income through a corporation, such as income from deemed dividends and proving business expenses. In some cases, the ex-spouse could avoid paying proper child […]
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 court should look to the payor spouse’s line 150 income in the most recent Notice of Assessment from the Canada Revenue Agency. But what approach should the court use for calculating income […]
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 child reaches the age of majority? What if the child is over the age of majority but is pursuing post-secondary education? Those questions were asked by the payor […]
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 separate anytime, without signing any papers or going to court. While there is no definitive process for filling for separation in BC, the date of separation is important. There […]
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 date of the hearing. The question that arose in Yip v. Yip, 2016 BCSC 1595 is whether the BC family law requires the court to conduct what almost amounts to a forensic […]
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 after separation unless it is significantly unfair to do so. This is known as the presumption of equal division of family property and debt and the strength of the presumption was […]
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 the separating spouses ask the court to make an order to divide family property, they must take steps to ensure the court has all relevant evidence before trial. […]
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 full trials are costly and slow, the Supreme Court Family Rules allow summary trials in suitable cases as a faster, less expensive route. In BC, spousal support and other family […]
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 through mediation and promote dispute resolution outside of the court process, but the potential for reaching an out-of-court settlement depends on the divorce negotiation tactics employed by the parties. The separating spouses are required to […]