British Columbia Family Law Blog

We are currently awaiting a BC family law custody decision from the Supreme Court of Canada on our client's leave to appeal application in a case where the BC Court of Appeal took jurisdiction over parties and children who lived in Saudi Arabia for a considerable period of time after expressing disdain for the Saudi system.  The decision raises important issues of respect for ideas and values of other countries and religions and minorities as well as the Hague Convention on Child Custody.

If successful on our application, Lorne Maclean and his firm will be making a third appearance in the nation's highest court an unprecedented feat for a BC family law firm.

Click on the link below to review the SCC summary of this critical case on international child custody.

Download SCC LOUBANI SUMMARY

People need to remember that since 1997 child support payments are not tax deductible by the paying spouse while spousal support payments are.

It is important that any agreements or court order ensure support amounts are differentiated as to child and spousal support. In Elcich v. R., the Tax Court disallowed deductions, pursuant to s. 56.1(4) of the Income Tax Act, which deems undifferentiated support amounts to be child support.  The effect of such a rule means you could lose important tax deductions and end of paying or receiving more than what was bargained for.

We thought you should be aware of pitfalls in security for BC child and spousal support in British Columbia. Come see our BC Family Lawyers at our Vancouver and Fort St John and Dawson Creek offices.

Don't pledge RRSPs as security. Section 146(2) (c.3ii) of the Income Tax Act deems an RRSP that has been pledged to be deregistered. The "real" security, when taxes are taken into account, may therefore be significantly less than face value.