David Harris-Lowe, Associate, Family Law
One of the first steps to determine the amount of child support to be paid is to determine the income of the parties. The starting point for determining your income is line 150 of your tax return, but this is often not the end. If you are a commissioned…
By Douglas J. Manning, Partner, Certified Specialist in Family Law
We are often asked by clients if they can “use” their legal costs they incur to establish their support obligations and rights as a deduction from income for tax purposes? The short answer is that the portion of the legal fees incurred by the…
Barrie Hayes, Partner, Family Law
Statistics Canada has recently released an analytical paper addressing parenting and child support after separation or divorce. Highlights of the paper are as follows:
In 2011, approximately 5,000,000 Canadians had separated or divorced within the last 20 years. Of these, about one quarter currently had at least one child…
By Douglas J. Manning, Partner, Certified Specialist in Family Law
In July I blogged on the topic of how you count time with your children in order to determine if there is a point at which the Table amount of child support may no longer apply because you have the children over 40% of…
By Douglas J. Manning, Partner, Certified Specialist in Family Law
Back in September 2011 my colleague, Jodi Armstrong, wrote a blog on how to calculate child support when parents share the care of the children on a more or less equal basis.
Over the past 18 or so years, since the Child Support…
Barrie Hayes, Partner, Family Law
There is a marked difference in the legal approach to quantifying support claims when a support payor is living as opposed to after a support payor has died.
In situations where the support payor is living the Divorce Act determines child and spousal support for married support payors and…
Jodi Armstrong, Associate
Generally speaking, every parent has an obligation to provide support for his or her unmarried child who is under the age of 18. There is, however, an exception for children aged 16 or 17 who have withdrawn from parental control.
A frequently referenced case with respect to the concept of the…
Kim Kieller, Partner
In the mid-1990s there were serious concerns in regard to child support. Firstly, child support was still taxable in the recipient’s hands and deductible by the payor. This lead to a great deal of controversy and a hearing at the Supreme Court of Canada in regard to the constitutionality of the…
Many people are surprised by the high cost of legal services when they go through separation and divorce. It is not unusual to spend tens of thousands of dollars to have issues resolved even in an “amicable divorce”. Here are some of the reasons.
First, in most cases, people have many issues to resolve:
1) …
By Douglas J. Manning, Partner, Certified Specialist in Family Law
A recent decision from Spain regarding medical malpractice turned out to have unanticipated family law consequences! A gynecologist was ordered to financially assist a 24 year old patient with raising her son.
A Spanish court in Majorca made the decision after the woman sued because…
