The recent decisions in Michel v Graydon, 2020 SCC 24 and Colucci v Colucci, 2021 SCC 24 have changed how the courts address applications for retroactive child support and the rescission of child support arrears. The new approach to retroactive child support intertwines the principles of leading cases to create a simplified framework. The framework […]
Colucci v. Colucci, 2021 SCC 24 Martin J., Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe and Kasirer JJ. Concurring Issues: Retroactive child support | Rescinding child support arrears This Supreme Court of Canada decision created a new approach to retroactive child support and arrears. The parties had a nine-year marriage. The mother has […]
Our NS Family Law team provides summaries of the May cases which appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.
Parliament passed Bill C-78, an Act to Amend the Divorce Act, which received Royal Assent on June 21, 2019 and came into force March 1, 2021, amending the Divorce Act RSC 1985 c 3 (hereinafter referred to as the “Act”). The amendments to the Divorce Act are substantial, the first significant updates to the Act […]
The breakdown of a marriage or relationship can be an overwhelming and tense time for the family unit. It is a financial, emotional and legal crisis. A drawn out legal proceeding can come at a high financial and emotional cost and it can further damage an already strained relationship. While an aggressive legal strategy may […]
The New Brunswick Court of Appeal’s decision in ASL v LSL, 2020 NBCA 15, reaffirmed the high standard on judges determining child support obligations for parents with equal amounts of parenting time. Background In ASL, the parties had a separation agreement, signed shortly after their separation, which provided the parents with roughly equal parenting time […]
The area of law where family and taxes cross paths can be difficult to navigate. This article will outline the most relevant income tax issues facing couples who are separating or people considering separation. Child Related Tax Issues The Canada Child Benefit This is a tax-free benefit paid to parents monthly, available to both separated […]
Across the country, the current COVID-19 pandemic means schools and daycares are closed and there are significant disruptions to employees and business owners. At Cox & Palmer, we are working to ensure that we provide timely and responsive advice to our clients with custody and other family law issues. Below we will answer some of […]
You have landed your dream job, but it is on the other side of the country. Your company is restructuring and your new office is in the next town. Your ailing parent requires your care – in another province. Your former spouse is in the military and is being relocated. There are many reasons why […]