Family Law: Retroactive Child Support
Friday, September 18, 2020 -
"M and G were in a common law relationship and are the parents of A, born in 1991. After M and G separated in 1994, A lived with M, and G agreed to pay child support based upon his stated annual income. This was formalized in a consent order made in 2001. G had, however, understated his income from the time of the consent order — with the exception of 2004 — until his child support obligation was terminated by court order in 2012. In January 2015, M applied under s. 152 of British Columbia’s Family Law Act (“FLA”) to retroactively vary child support for the period between April 2001 and April 2012, to reflect G’s actual income during that period of time. The hearing judge allowed M’s application and G was ordered to pay $23,000 in retroactive child support. The Supreme Court of British Columbia allowed G’s appeal and set aside the hearing judge’s order. In its view, the Court’s conclusion in D.B.S. v. S.R.G., 2006 SCC 37, [2006] 2 S.C.R. 231, that an application for child support under the federal Divorce Act had to be made while the child remained a “child of the marriage” was equally applicable where child support was sought under the FLA. The Court of Appeal dismissed M’s appeal. "
The SCC allowed the appeal (9:0), (with two judges writing separate concurring reasons, with which two other judges concurred), reinstated the order of the hearing judge. Read More...
Employers: Ready, Set, Remote Work!
Thursday, August 20, 2020 - Filed in: General Interest
Before the pandemic, working from home was a privilege for employees, giving employers a competitive edge in recruiting and retaining staff. Today, however, remote work is becoming the rule rather than the exception. Traditional work locations and schedules are being upended and employers must be prepared to modernize their management practices and allow for more flexibility.
The following is an overview of some key issues employers are facing in this new reality. Read More...