My ex died, do I still have to pay child support?

Sometimes, the areas of Family Law and Estate Law intersect and one relatively recent Supreme Court of British Columbia answers the question of what happens to the payor’s obligations to pay child support when the payee dies.

This situation was addressed in Carpentier v. British Columbia (Director of Family Maintenance Enforcement) 2017 BCSC 250 (“Carpentier”) where the payor was in arrears of child support at the time the payee died. The payor argued that not only did the obligation to pay child support going forward terminate upon the death of the payee but all child support arrears were cancelled as well.

The issues before the Court were two fold:

Did the payor have to continue paying child support upon the death of the payee; and
Did the payor have to pay child support arrears owing as of the payee’s date of death.

The Court determined that a child support claim is a claim personal to the payee and as such a child support claim does not continue after the death of the payee, and, correspondingly, the payor’s obligation to pay child support accruing beyond the date of death of the payee is extinguished. However, when it came to the issue of child support arrears, the Court took the position that such arrears constituted a judgment for that amount of child support that was in arrears as of the payee’s date of death.

In other words, if the parent of your child dies your ongoing obligation to pay child support ends but you will be obligated to pay to that person’s estate any amounts of child support owing as of the date of that parent’s death.

If you are being asked to pay or are seeking to claim child support in a situation where the opposing party has died, consult Vancouver & Burnaby Family Law and Child Support lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia andrew@resolutionslawcorp.com or 778-372-7107.

Is your ex-spouse asking for child support for a kid that’s not yours? You’re not sure if you’re supposed to?

Whether you are just starting a relationship with someone who already has a child or are ending a relationship with someone who has a child, it is important to know what you should, could, and would be responsible for.

You might be held responsible for child support if you are qualified as common-law partners and are qualified to be labelled as spouses. To qualify as a spouse, you must be living together with your partner in a marriage-like relationship for at least 2 years, married to your partner, or have a child with your partner. Furthermore, if you begin taking on the financial liability of your partner’s child, you might have to continue this after the relationship has ended.

Although according to Section 147(4) of the Family Law Act, a step parent does not bear the duty to provide for a child unless the step parent contributed to the support of the child for at least one year, and the court proceeding for child support is started after the within one year of the last contribution of the step-parent. Section 147(5) of the Family Law Act says that the support of a step-parent is secondary to the child’s parents and guardians. Support from a step-parent would be based on the experienced standard of living of the child as well as the length of time lived with the step-parent.

In short, you cannot be responsible for your partner’s child/ren unless you have been taking on the role of being their parent while in the relationship or contributing to the child’s financial support on a regular basis for an extended period of time. That means that you should be cautious to voluntarily take on a parent role if you are not serious about the relationship yet or do not want to be chased for child support for the child in the future! You can give gifts, treats, and provide meals for the child but do not assume the financial liability of the child if you do not want to continue this financial responsibility after the relationship.

If you or a loved one are in need of advice regarding child support for a step-child, consult Vancouver and Burnaby Family Law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.

Help, My Spouse Wants to Kick My Out of the Family Home!

Is it legal in BC for your spouse to kick you out of your shared home and assume exclusive possession of said home?

The answer is technically yes but, you would have to meet very specific conditions. The court does not easily grant an order ejecting someone from their own home.

To ask for exclusive possession of the family home, your spouse would need to provide clear evidence that it is a practical impossibility for the two of you to continue living together in the home. Among other things, practical impossibility may mean that continued shared use of the home would result in cruelty or assault to each other or even damage to your children’s welfare.

If you have been living separately for some time under the same roof, it would be especially difficult to obtain an order for exclusive possession of the home, especially if you have children who would benefit from having both parents living in the home.

If your spouse manages to prove that shared use of the home is a practical impossibility, he/she would then have to prove that they should be the one occupying the home. To determine whether or not to give the order, the court will consider things like whether your spouse is the primary caregiver of your children, your spouse’s financial situation, the relationship each of you have to your children, and yours and your spouse’s behaviour and overall conduct towards each other and your children while living in the family home.

If you or a loved one have separated from a spouse and are seeking advice regarding who gets to keep the family home, consult Vancouver and Burnaby Family Law Lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107

What’s an Examination for Discovery?

If you have a proceeding that’s going to trial, you may encounter a step in the process called an Examination for Discovery (XFD). While examinations for discovery are not mandatory, they can be very important in respect to your trial.

So, what exactly is it? An examination for discovery is a meeting where a party asks the opposing party questions about the issues in dispute. Since these meetings are under oath and will be attended by a court reporter who will prepare a transcript that can be used at trial, this is a great opportunity to gather more information from the opposing side, explore contradictions in their facts, and gauge what their conduct will be like at the trial.

Some examples of the things that can be done at an examination for discovery are:

Pin down admissions
Discover additional facts you may need for trial by asking questions about documents
Discover the strengths and weaknesses of your case to prepare for trial
Make requests for documents
Narrow down your issues
Get a sense of how the witness or their lawyer will act at the trial

Because everything you say will end up on the transcript and could potentially be used as evidence in trial, it is vitally important to be well prepared for an examination for discovery. This meeting is also one of the first opportunities to meet the lawyer of the other party, so it is important as well to make a good impression.

If you need advice regarding Examinations for Discovery, consult Vancouver and Burnaby family law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.