If you are looking for a lawyer to represent
you on any family law issue feel free to call our office and make an appointment to have a free half hour consultation
with Mr. King. Without any charge to you he will discuss your individual concerns. These can include rights to the matrimonial
home, spousal support, child support, custody, variation of previous agreements or court orders. Whatever may be your particular
concern why not discuss it with Mr. King on an informal basis without any obligation or cost to you. If you decide that you
want to take the matter further you can continue with Mr. King if you feel comfortable with him, in which case you will
have the benefit of his wealth of experience, or any lawyer of your choosing. In other words you have total freedom of choice
after receiving your free consultation.
News and Views: This is a fairly new site so I wont go back and cover all everything of the past, but from now on
as I come accross something I think might interest the reader I will jot it down,
SPOUSAL SUPPORT. Spousal support guidlines have arrived. Henceforth they are to be as defined
as child support. The Guidlines are now firmly established and will govern virtually all cases. This may help arrive at a
settlement agreement more easily. There is still some wiggleroom because there is an upper and lower limit to each situation.
The average case however will take the median. There has to be a reason to claim the higher or lower end of the scale should
apply. To go outside the range it will have to be very unusual circumstances. The most obvious one would be a short term marriage.
Ref: Beese v. Beese B.C, Court of Appeal 2008.
FINANCIAL DISCLOSURE: I guess it's human nature, but every so often we come accross a case of non disclosure of the
value of an asset or even of its existence, so that it is hoped an advantage will be gained in the equalization calculation.
This is particularly so if a party has their own business or a cash business but it applies to other assets too. It has been
generally thought that if a party later discovers the deception, the marriage contract or separation contract can be set aside
and a fairer result could be achieved. Now a new wrinkle has been added. In Quinn v. Keiper (ref Ont Court of Appeal 2008
NO.O.J.3788) the court concluded that if you don't ask for full disclosure before you signed the agreement or consent you
may not be allowed to ask the court to set the agreement or consent aside later.
EQUALIZATION: Separation date is normally used for valuing assets for equalization.
The Court of Appeal have just oopenned the door to break that rule. In Serra v Serra they have used S.5(6)(h) of the Act to
say that in times of asset values dropping it would be unfair to divide equally. This has consequences for what they may do
in a rising market.
CHILD
SUPPORT.
A new wrinkle was added when the Court of Appeal in Alberta (Mann
v. Mann 2009 B.C.J. No 829) decided that a spouse could not claim retroactive child support at trial if she had accepted a
lower amount while the case was winding it's way through the system. The answer for husbands is to make a low voluntary offer
early in the proceeding. For the wife just make sure if you agree to a low payment expecting his true income to be establised
at trial, make sure your acceptance of the temporary low offer is just that. Temporary and without predjudice.
