Bill 16 has recently been introduced into the Provincial Legislature which proposes the introduction of the new Family Law Act. One of the dominant features of the new bill is how it changes the “best interests of the child” test in parenting decisions from the paramount consideration to the only consideration. The new Family Law Act created by the Bill could be in force as early as the Fall of 2012. In future entries we will be discussing how this new Act affects the law in British Columbia, and how it affects your family. Below we discuss a recent family law case which illustrates the confusion that can arise in the family law context as a result of a lack of specificity in drafting a court order.
Tag: family law
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In Jarman v. Jarman, 2011 BCSC 1155, the Claimant was the former wife of the Respondent who was a retired Air Canada Pilot. The Respondent had an interest in two pension plans with Air Canada: the Air Canada Pension Plan for Pilots, and a Supplemental Retirement Plan (the “SRP”). Air Canada had a policy that no distribution would be made directly from the SRP and no direct settlement would be possible from the SRP.
The Rules of Court allow for the service upon the opposing party of a formal offer to settle. If the party making the formal offer to settle receives a result at trial that is equal to or more successful than the formal offer, the offering party may receive his or her costs and may even argue for double costs following the trial result.
Dubreuil v. Poloway, 2010 B.C.C.A. 297. In this case following a trial in 2001, the father was found to have a Guideline income for child support of $22,000 per year. The father was ordered to pay monthly child support in the amount of $328 per month with respect to the parties’ twin children and to pay the mother 40% of the daycare expenses. The arrears of child support at trial and expenses were fixed at $6,500. The father failed to comply with payment and did not file income tax returns for 2001 through 2007 until June of 2009. The father then applied to have his child support arrears reduced based on his actual income during the past several years. The child support arrears were $16,000. The Chambers Judge found in favour of reducing the arrears to $4,000.
Even here in the beautiful Fraser Valley, it can be challenging to find time to spend with your family. Any parent knows how fast kids can change from one day to the next. For those of us in a shared custody situation, or for those who have had to deal with a painful divorce or separation, it never seems like you can spend as much time with your children as you would like. In British Columbia, however, the Courts have decided that your obligation to support your children financially is just as important.
We all know that the breakdown of a marriage can be hard on children. A lot of what we deal with in family law is simply trying to make the best of a hard situation by trying to make life as consistent and safe as possible for them. This is obviously the hardest to do when they are young, but it’s important to understand how family law deals with the transitional stage when they go from child to adult as well. This is the age when they buy their first car, or they head off to university. Sometimes at that age our children want to explore away from their homes in Abbotsford or Chilliwack, and they want to spread their wings and experience the world. What then are the responsibilities of a parent paying child support?