Know Your Rights & Protect Your Future
Are you getting a divorce, separating from your common law spouse, dealing with ongoing child support and parenting issues, wondering how long you’ll have to pay spousal support, dividing up property, or being taken to court by your ex?
Assuming we cannot help you find a good marriage counsellor and that there is no possibility of reconciliation, should you use the Provincial Court or the Supreme Court if you have a choice? Is mediation advisable? Should you be focusing on trying to negotiate a Separation Agreement initially or do you need emergency Protection, Property-Non-Disposition or interim Guardianship and Support Orders?
Is your ex threatening to remove your children from town, from B.C.?
Are you struggling to do what’s in the best interest of your child?
Are you a grandparent who feels you have to step in?
Joe Gordon has the experience, knowledge, and skill to help you effectively resolve your family law matters. Joe will talk to you in plain language and advise you on the best course of action for your unique situation, whether that is a negotiated settlement, mediation, or pursuing the matter effectively in court. With extensive experience as a family law lawyer, Joe is well-equipped to advise and assist you with any of your family law needs.
Guardianship of children
Restraining & other court orders
Divorce and Common Law Separation advice and action
Protection & conduct orders
Divorce or separation after a meaningful relationship triggers an emotional storm. We can be a port in your storm once it becomes clear reconciliation will not be an option. Initially we do everything reasonably required to increase the chance of an amicable resolution in the best interest of the children, if any, and in the best interests of our clients. Where family violence is involved, we have a duty to protect you. Every divorce is unique requiring the knowledgeable handling of such issues as property division, child custody/guardianship and parenting time. Since 2018 B.C. uses the term “Guardianship” instead of “Custody” and “Parenting Time” instead of “Access or Visitation”. Grandparents and others who are not Guardians seek “contact” not “access” to the children. At Gordon & Company, Joe Gordon has the family law experience to understand the unique circumstances of each case. From helping you understand the Federal and Provincial Law pertaining to drafting your pleadings, financial statements and other legal documents, we handle it all. Whether it is an uncontested, no-fault divorce, or one that involves contests regarding spousal or child support and family assets, we provide professional legal support and guidance to help you navigate through the resolution, negotiation, and mediation processes.
A detailed separation agreement is vital to ensure a thorough settlement after separation. It is a contract setting out what you agree on and when it is filed in court certain terms (guardianship, parenting time, spousal and child support) become the equivalent of court orders. Only the Supreme Court can grant a divorce however the Court takes into account what you have agreed on, particularly as it relates to children, in the Separation Agreement. Separation Agreements are particularly helpful and most cost effective than using the courts when it comes to the division of property if the parties can agree. The Family Law Act warns that coercion and a failure to make financial disclosure can invalidate a Separation Agreement so every effort must be made to achieve fairness and to avoid what the Judges call “the cancer that runs through the family law system” i.e. the reluctance by some to make full financial disclosure.
Joe Gordon provides separation agreement drafting and execution services and also offers independent legal advice. Secure your property entitlements and the future of your children through our expert separation agreement drafting services. We take into consideration your unique situation and deliver a comprehensive document in conjunction with opposing counsel and/or the opposite party that untangles disputes and brings proper closure.
The amount a person is generally required to pay for child support in British Columbia is based on the Federal and British Columbia Child Support Guidelines. Depending on whether the child(ren) is primarily living with one parent, whether a step-parent in involved, whether the parents are splitting parenting or even if the parents are involved in a “nesting arrangement” where the children stay in the family home and Mom and Dad take turns coming and going, the children’s right to support is sorted out. The Courts begin by taking into account the payor parent’s Line 15000 Income Tax Return Taxable Income or the equivalent and then calling upon the payor to pay that “Table amount” to the payee parent to support the children. A Payor parent is also called upon to pay Special and Extraordinary Expenses (like daycare, certain health and medical/dental expenses) to the payee for the children which are apportioned between the parents based on their respective Guideline Incomes.
At Gordon & Company, we help you understand your rights and obligations with regard to child support. Joe Gordon, our family lawyer in Kelowna, can assist you in drafting a child support agreement or understanding what your rights are when it comes to relevant court orders. You can also count on us if there is a change in circumstances that necessitates enforcing (if FMEP is not involved) or modifying the terms of a child support agreement or order.
Separated spouses each have a duty to work towards financial independence but assuming one spouse can establish eligibility for spousal support from another spouse, the Courts generally seek an approximate equalization of available income factoring in child support obligations, if any, as well. In B.C. the “Spousal Support Advisory Guidelines” apply albeit informally and not as if they were “written in stone” as the Child Support Guidelines are applied. Unlike Child Support, Spousal Support can be waived or abandoned by a party as part of the overall negotiations if the parties are so inclined.
Separating from a spouse can be very complicated, to say the least. When property and children are involved, the disputes can spiral out of control and cause a lot of stress. At Gordon & Company, we provide practical advice and efficient legal support to help you resolve family disputes in Kelowna. Consult Joe Gordon for legal solutions that are tailored to fit your situation.
“I called Gordon & Co. to hire. Gordon answered many of my questions and gave me a referral to another lawyer to assist me. I just want to say thank you for taking the time. Gordon never took a dime. Very honest man.”