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Vancouver and Edmonton Family Law Blog

Grey Divorces: Paying Spousal Support In Your Golden Years

There is a growing trend that indicates the boomer generation - those around 50-70 years old - are choosing to divorce their spouses as they get older. According to Statistics Canada, this demographic has shown the greatest increase in divorces over the last decade.

What does this mean for older individuals? It means that more pensions are being divided, and more individuals are paying spousal support well into their golden years.

What Income is used for Child and Spousal support purposes?

A look at dividends, capital gains, pretax corporate income and capital cost allowance.

What is Total Income?

Section 16 of the Federal Child Support Guidelines indicates the starting point for determining "Total Income" for the purposes of child and spousal support is line 150 of the T1 General. For your reference here is the relevant link:

https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-175/FullText.html

#Instaregret Why you should listen to your divorce lawyer about posting on social media

The use of social media is increasingly prevalent. In your divorce, emails and social media posts can form evidence and have lasting implications on the outcome of your case. What does this mean?

1. Assume a judge will see all of your social media posts. Judges do not know you personally. They have to rely on the evidence presented to them by lawyers and your oral testimony to make decisions about your case. When posting on social media, ask yourself what image am I portraying of myself with this post? How do you want a judge to see you? If you are a parent seeking a parenting order, does the post present you in a mature, responsible, and respectful light?

8 Tips from your Divorce Lawyer for a Smooth Holiday Season this year

1. Plan a Schedule

If you haven't already planned a holiday schedule, it is important you take the steps to do so soon. There are a number of ways parents can share the holiday season with their children. Parents should work together to find a schedule that works best for their families.

A few examples are:

  • Split the winter break evenly, with one parent having the first half up until and including Christmas Eve, and the second parent having the second half starting on Christmas Day.
  • Split Christmas Eve and Christmas Day, as well as New Year's Eve and New Year's Day, alternating annually.

Who Gets To Keep The Family Pet After A Divorce?

Many couples that own pets say they develop a relationship with them akin to raising children. There is an emotional bond and a level of care and affection provided to pets that is not given to other types of property. However, there is currently no legislation that dictates pets should be shared between divorcing spouses. Pets are treated like property, and essentially remain with the person who obtained or brought the pet into the relationship.

Do grandparents have rights to see their grandchildren?

Some grandparents care for grandchildren as much as parents do. However, there can be conflicts between the parents, or between a parent and the grandparents, which can create barriers for grandparents to see their grandchildren. In these situations, do grandparents have an absolute right for contact with their grandchildren?

Nothing in the Family Law Act specifically grants grandparents the right to see their grandchildren. Grandparents can bring an application to the court to see them, but the court does not have to grant the grandparents a Contact Order.

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP

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