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Lucke Barth Law

As a small specialized practice, we focus on client satisfaction. Our philosophy is that we need to provide each client with the best customer service possible. This is done by assuring every client that their matter is of utmost importance to our office. We are conveniently located in the Ross Industrial Area near the MacDonald Street exit on the Ring Road. We are the closest Law Firm to the Co-Op Upgrader and have lots of free parking.

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Our Blog

Oct
16

Spousal Support and Revenue Canada

There is a difference between the way Revenue Canada treats child support and spousal support.  When you pay spousal support it is deducted from your income and added to the income of your ex-spouse.  Child support is not deducted from the payor's income, nor added to the payee's income.

Canada Revenue Agency does require that the payment be pursuant to an agreement or Court Order.   It is possible to have past spousal support included in this agreement.   So if you have been voluntarily paying spousal support, make sure you have the past support included in your agreement or Court Order...

Sep
23

Apply Promptly for Shared Parenting after Separation

Topics: Family Law

As soon as parents seperate, the race is on the determine custody and access.   If the parents can agree on where the children will live, there is no problem.   However, if one parent wants the kids to live primarily with her (for example), and won't allow shared parenting, then the other parent (Dad) must get into Court to request shared parenting as soon as possible.  The longer you (Dad) wait, the greater the chance that the Court will want to uphold the existing situation...

Sep
05

Getting Results

Is your lawyer to busy to get the job done?

I have taken over several files recenty and was able to get results in a few months that previous counsel hadn't been able to achieve in a couple years.  I didn't do anything special, just did the required work.  Previous counsel was likely too busy to get the work done.

It is job of the Plaintiff's lawyer to move the lawsuit ahead.   If the Plaintiff's lawyer doesn't do it, no one will.  The same applies to a spouse who wants his or her share of the family property...

Aug
15

The Status Quo

Topics: Family Law

When detemining where the children will live after seperation, the Court will look at "the status quo".   The status quo is the children's current living situation, and what it has been in the past month or two.   The parent where the children have been spending more than 60% of their time will be called the primary parent.

 

On interim applications the Court will want to ensure that the children have stability.   If the status quo is working for the children, especially young children, the Court will order the current primary parent to continue being the primary parent...

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