Nova Scotia Family Law Court Orders Aren’t Set in Stone

Nova Scotia Family Law Court Orders Aren’t Set in Stone

So you’ve been to Family Court Nova Scotia, negotiated a settlement, or received a judgment, and you are now have a Court Order setting out terms like parenting time, and child or spousal support. Hopefully that’s the end of it and you can carry on with your life. Unfortunately, life can change in ways your Court Order can’t predict. Maybe you or your children’s other parent has an amazing career opportunity in Australia. This would be great but your Court Order says you have 50/50 parenting time with the kids and they started high school in Halifax. If you have a good relationship with your ex you can probably work things out without involving lawyers or the courts. If not, well that’s what Variation Applications are for.

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Spousal Support: Taking (some of) the mystery out of entitlement to support in Nova Scotia.

 Spousal Support: Taking (some of) the mystery out of entitlement to support in Nova Scotia.

Trying to determine whether or not you, or your spouse is entitled to spousal support upon separation can be confusing. That is because spousal support is a complicated subject that takes many different factors into account, so the answer may be very different depending on your circumstances.

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Changes to the Eligible Dependent Tax Credit with Shared Custody in Nova Scotia.

Changes to the Eligible Dependent Tax Credit with Shared Custody in Nova Scotia.

In shared custody arrangements child support is often calculated using the simple set off approach. This is a straight forward way of calculating child support and involves the following:

·         Parent A’s income corresponds with a child support payment of $500.

·         Parent B’s income corresponds with a child support payment of $100.

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Video Game Addictions lead to Separation & Divorce

Video Game Addictions lead to Separation & Divorce

A recent article highlighted the fact that in the UK, over 200 divorce petitions have referenced the popular video game Fortnite as one of the reasons for divorce. As silly as it sounds that people would get divorced over a video game, digital addictions are causing more and more problems.

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Can Sharing Emotional Labour Save my Relationship?

Can Sharing Emotional Labour Save my Relationship?

I see many people in my office whose relationships have broken down. Although every couple and every situation are unique, there are some common themes that emerge. Whether clients label it or not, “emotional labour” is at the heart of many disputes and a significant cause in relationship breakdown. But what is emotional labour?

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Who Keeps Our Home After a Separation in Nova Scotia?

Who Keeps Our Home After a Separation in Nova Scotia?

Separation and divorce create uncertainty, especially in the early stages. The question of where you, and any children involved, are going to live is one of the biggest long term and short term decisions that you will make. So now what? You are separating, the whole point is that you do not want to live together anymore. And what about the kids, they still have school, you do not want to disrupt their lives any more than they already are.

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Use a legal Separation Agreement to Re-finance Your Matrimonial Home in Nova Scotia for More

Use a legal Separation Agreement to Re-finance Your Matrimonial Home in Nova Scotia for More

For most families, the matrimonial home is the most significant asset they own. Deciding how to deal with it after the breakdown of the relationship is an important decision with long term consequences. Did you know, when refinancing as part of a separation, the spouse keeping the home may qualify to refinance at a higher percentage of the value of the home than the standard maximum. The standard maximum is 80%, but the maximum for a spousal buyout can be as high as 95%.

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Consequences of Not Getting Legally Divorced in Nova Scotia.

Consequences of Not Getting Legally Divorced in Nova Scotia.

Many people who have been through a separation in Nova Scotia decide they will never get married again, so they think why bother getting divorced. While remarriage is one of the main reasons that long-term separated couples are motivated to get a divorce, there are some other important reasons you should consider.

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Wondering If You Can Legally Separate in Nova Scotia Without a Messy Court Battle? Consider Collaborative Family Law

Wondering If You Can Legally Separate in Nova Scotia Without a Messy Court Battle? Consider Collaborative Family Law

It is perhaps a bit obvious to say that divorces can be messy and that many families struggle to pick up the pieces after a nasty separation. But it doesn’t have to be that way.

When people use court to resolve their disputes they are relying on a stranger, the judge to make major decisions about their life. In a family law context this means a judge can decide when and where you will see your children, how much money flows to or from your spouse, where you can live and even what happens to your house.

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Date of Separation – What does it mean for Nova Scotia couples?

Date of Separation – What does it mean for Nova Scotia couples?

In most cases, people can agree on the date of separation. When my clients ask me how to decide when they were separated I ask them when they stopped acting like a married couple. There is no one thing that marks a separation definitively (although one person moving out is usually a pretty good indication).

 

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How long does it take to get a Divorce in Nova Scotia?

How long does it take to get a Divorce in Nova Scotia?

Ask almost anyone who has been through it and they will say “too long!” Joking aside, it can feel like a long process, and the justice system is not exactly known for its speed, even at the best of times. The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.  A negotiated settlement is almost always faster than waiting for the court to order the terms of your divorce. So, what exactly takes so long with court?

 

The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.

 

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Is it Time to Change your Court Order or Separation Agreement?

Is it Time to Change your Court Order or Separation Agreement?

Every year after Christmas, Wal-Mart puts tupperware and storage bins up at the front of the store because they are big sellers. January is a natural time to take stock your life. It’s time to pack away the old things you no longer need so you can focus on the important things in front of you. It’s time to put those lights and decorations away for next year and to put that ugly sweater your cousin gave you in the “re-gift” pile.

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Why is my Date of Separation Important?

Why is my Date of Separation Important?

In family law, the date of separation is a very significant date for two reasons. Most of the time, a couple will not be granted a divorce until they have been separated for one year. The other reason is that the debts and asset of a divorcing couple are generally divided based on the value they had on the date of separation.

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Myth-busting Child Support and Custody

Myth-busting Child Support and Custody

Almost everyone has been touched by divorce in some way, so it is not surprising that that so many well-meaning friends and family are eager to give out legal advice during a separation. Unfortunately, their advice is not always accurate or helpful. One commonly repeated myth is that if the parents share equal custody, then no one has to pay child support. 

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Should I Adopt my Step Child?

Should I Adopt my Step Child?

Non-traditional or “blended” families are becoming more and more common in Canadian society. One aspect of this movement is step-child adoption. Before deciding to adopt, it is a good idea to consider meeting with a therapist or a counsellor. In the rush of happiness about your new family it may appear there is no downside to adoption, but this is a big step to take with permanent effects. A counsellor can help you decide if adoption is right for you and the child.

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Making it worse – why you shouldn’t use social media to complain about your ex

Making it worse – why you shouldn’t use social media to complain about your ex

During a meeting last week, a senior family lawyer with over 25 years of experience told me that he tells clients involved in high conflict cases to delete all their social media accounts.  There can be a strong temptation to let the world know just how awful your ex is. This same senior lawyer also said, “people think if they post negative comments about their ex that everyone will agree and take their side.” It is a good idea not to post  anything to social media when you are upset. There is plenty of good research that says we do not make good decisions when we are emotionally charged, and once a post has been sent, there is no taking it back.

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