Divorce and Family Law Blog
When Can a Judge Refuse a Divorce?
When must judges refuse to grant a divorce? In a previous article I explained that Canadian law requires that there has been a breakdown of the marriage before a divorce can be granted. I also explained the three ways to prove that a marriage has broken down. In this...
read moreGrounds for Getting a Divorce in British Columbia
What do you need to prove in order to get a divorce? In order to get a divorce in Canada, a spouse has to prove that there has been a breakdown of the marriage. You can prove this in three ways: Living separate and apart for at least one year when the divorce case was...
read moreOverview of Judicial Case Conferences
What is a Judicial Case Conference? One of the first steps in any Supreme Court of British Columbia family law case is to have a Judicial Case Conference (JCC). A JCC is a private hearing with a judge or master and the public is excluded. Only the judge or master,...
read moreWhat qualifies as a section 7 expense for a child attending post-secondary?
What are section 7 expenses? Child support is normally ordered in the form of a basic monthly amount (sometimes called the "table amount") plus an amount for section 7 expenses (often called "special or extraordinary expenses"). The table amount of child...
read moreSpousal Support: General Principles
Overview Section 14.2 of the Divorce Act and Division 4 of Part 7 of British Columbia's Family Law Act allow a court to order spousal support. Spousal support in Canada is very discretionary. The legislation describes four objectives of spousal support. The...
read moreDoes a child who is 19 years old or older attending post-secondary school have an obligation to contribute to the cost of their education?
As explained in a previous article, a child who has reached the age of majority may still be entitled to child support, if they are unable to withdraw from the charge of their parents or otherwise obtain the necessaries of life. If the child is entitled to...
read moreChild Support for a Child 19 or Older Attending Post-Secondary Education
How do you calculate the amount of child support for a child who is 19 or older and attending post-secondary education? Circumstances can vary significantly among children attending post-secondary education. To provide a few obvious examples of this: Some children...
read moreHow does the Family Law Act deal with caring for and spending time with children?
Guardianship, parental responsibilities and parenting time under British Columbia’s Family Law Act Part 4 of British Columbia’s Family Law Act is titled “Care of and Time with Children”. Part 4 sets out a system of rights and responsibilities towards children. It...
read moreWhen is a child entitled to support after turning 19?
A child can still be entitled to support even after turning 19. The Family Law Act and Divorce Act do not have a cut-off age. If the child cannot withdraw from their parent’s care or charge, then the child may still be entitled to support. Who is a child for child...
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