GSadmin

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So far GSadmin has created 29 blog entries.
9 06, 2016

My ex-partner is hiding/spending assets.

Section 19(1) of the Federal Child Support Guidelines (FCSG) permits the court to impute income if it appears that income has been diverted and that diversion affects the level of support payable under the FCSG, and/or if the spouse has failed to provide income information when under a legal obligation to do so. In the case Bodine-Shah v. [...]

9 06, 2016

I want to keep my pet if we split up.

The case Haywood v. Carrasco 2016 BCPC 71 reflects the state of the law pertaining to the “custody” of pets. When the common-law couple split up, they shared the dog, Kali, until one occasion, while under the common-law ex-husband’s care, Kali escaped the fenced yard and was found running on the Barnet Highway. The common-law [...]

9 06, 2016

I do not want to pay my partner’s debts if we split up.

The starting point for division of debt under the Family Law Act (FLA) is s. 81, which provides that spouses are both responsible for family debt, regardless of their respective use or contribution, and that on separation, each spouse is equally responsible for family debt. However, the court may order an unequal division of family debt if it would be [...]

9 06, 2016

I do not want to share my money/business/property with my spouse/common law partner if we split up.

There are four basic ways you may not have to share your property if you split up with your spouse or common-law spouse. Excluded Property: The Family Law Act, which came into force in March 2013 adopted an “excluded property” model. Separating spouses end up with a “communal pot” of family property to divide, but [...]

9 06, 2016

There is an order from the court that I am not happy about.

If the court has made an order that you are unhappy about, you must make arrangements to apply to the court of have the order varied, set aside or appealed. You must not simply ignore an order. Even if you think an order is wrong, you must nonetheless obey it. “A court order, made by [...]

9 06, 2016

I am not seeing my children.

Under s. 37 of the FLA, parenting issues must be determined based only on what is in the best interests of the children. Section 37 states: “In making an agreement or order […] respecting guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only.” This analysis includes [...]

9 06, 2016

I am not paying/receiving child support.

In S. (D.B.) v. G. (S.R.), 2006 SCC 37, the Supreme Court of Canada outlined the basic principles that create the obligation to pay child support as follows: (1) child support is the right of the child; (2) the right to support survives the breakdown of a child’s parents’ marriage; (3) child support should, as much as possible, provide children [...]

9 06, 2016

What if the documents I need are not provided?

Under Rule 5-1(28), if a party fails to provide documents as required, the other party can bring an application and the court can order that the documents are produced on terms (for example by a certain date). There are many other orders the court can make if a party fails to provide relevant documents, such [...]

9 06, 2016

What documents need to be provided?

Rule 5-1 of the Supreme Court Family Rules provides the framework for financial disclosure. When support is in issue, one or both parties must complete a Form 8 financial statement and provide copies of the required income documents, including (for the past three years): personal income tax returns; personal notices of assessment or reassessment; if the person [...]

9 06, 2016

How do I get a settlement?

If both parties want a settlement without a judge deciding for them, they must find a way to agree. First, it is helpful to know exactly what issues are agreed and which are not. For example, the parties may agree to share parenting on a week-on week-off basis, but they do not agree on the [...]