Are You Entitled to Spousal Support? Post-Separation Income Increases
Where there has been a post-separation increase in the payor spouse’s income, are you entitled to spousal support that reflects that increase? In Hersey v. Hersey, 2016…
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…
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,…
Calculating Income for Child Support: Proving Business Expenses
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 for the purposes…
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 in…
Back Child Support in the Face of a Contempt Order
Should back child support be ordered for the period when the child was exclusively in one parent’s de facto care because of that parent’s contempt of court? Following…
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…
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 effective date of notice with…
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….
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 support…