Archive for the ‘Family Law’ Category

Spousal Support and Income Tax

Friday, May 7th, 2010

An issue arises from time to time where one spouse has an obligation to pay spousal support to the other spouse, after a relationship has failed. The issue is income tax. Spousal support payments are one area of family law where tax savings may be possible. If spousal support is being paid, the payor may be ...

Should We Have an Agreement?

Friday, October 16th, 2009

It is not unusual for couples to consider entering into a written agreement, prior to commencing co-habitation or marriage. This is particularly true where one or both of the parties have been involved in an earlier relationship or where there are significant assets. There is no question that while negotiating such ...

The Adult Child

Friday, September 18th, 2009

From time to time clients will need child support for a child who is 19 years of age or older. Usually the amount of child support to be paid is fairly straight forward. You simply consult the Child Support Guidelines. The amount shown in the Guidelines will tell you the base amount ...

But We Have Joint Custody

Tuesday, November 4th, 2008

When couples separate they often struggle with the issue of custody. Often each party will want to continue to parent their children, despite the separation. The concept of parenting however really covers two different issues. Parenting can mean who makes decisions, such as educational, health and well-being decisions, for the ...

I Don’t Need a Lawyer.

Friday, May 16th, 2008

One of the problems the legal system is wrestling with these days are parties who represent themselves in Court. This is particularly common in family law situations. One or both parties may not be able to afford a lawyer. They may have no choice but to act on their own behalf. Often family ...

Who Gets the Pay Raise?

Thursday, October 18th, 2007

An issue that has troubled the law for many years is retroactive child support. The problem arises when a parent paying child support gets an increase in their pay. You would think if income goes up, child support would automatically go up as well. For many years however trying to ...

The Angry Spouse

Thursday, August 2nd, 2007

Unfortunately family law can and often does involve emotions. One of those emotions can be anger. At times one, or both, of the parties involved in family law proceedings may be highly emotional. They may be very angry. It is important to recognize this fact. The lawyer and their client need to ...

To Sue or Not to Sue

Thursday, May 31st, 2007

Often a family law client will ask if they should go to court. Sometimes you should and sometimes you should not. In some cases going to court is the worst possible step to take. In others it is the only step to take. The real key to making this type of ...

Why Everything Takes So Long

Tuesday, May 22nd, 2007

One of the greatest frustrations for clients in family law situations can be the length of time things seem to take. What may seem like a simple procedure to a client, for example, the drafting of a separation agreement, can stretch on for months. On occasion, family law litigation can ...

How Long Do We Have to Live Together?

Tuesday, May 15th, 2007

There can be confusion over how long a couple needs to live together before "rights" arise. Couples sometimes assume if they do not marry and live together for less than two years, there can be no legal claims. Although there is a two year requirement under the Family Relations Act, ...