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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

Nov
30

Risks of Giving $ to your child

Parents often want to help their children buy their first house.  Often they give their child a large amount of money towards the purchase.   The child then makes the regular monthly mortgage payments.

The problem is that if the child divorces, half the money you gave your child then goes to their ex-spouse.  This is not the parent's usual intention.

The only way to avoid this problem is to transfer money to your child as a loan instead of a gift.  The terms and conditions of the loan will have to be in writing and signed by your child and their spouse...

Nov
23

Farming and Divorce

Topics: Family Law

Farming these days is big business.   It involves big expensive machines, lots of pricy farmland, and sometimes big profits.   Can you afford to give half of it away to your former spouse?

Under the Saskatchewan Family Property Act, farmers get to keep the property they had when married, but not the property's increase in value during the course of the marriage.  The home quarter also gets split 50/50 even if owned prior to marriage.   In a typical long term farm marriage, most of the land was purchased after marriage, or increased greatly in value after marriage...

Nov
19

Support and Passports

Topics: Family Law

If you don't pay your child or spousal support, the Maintenance Enforcement Office has the power to cancel your passport.  MEO does it by making a request to Passport Canada, who usually complies with the request.  Passport Canada then sends a letter to you requiring you to return the passport to an embassy or Passport Canada in a fixed period of time.   If your passport is almost expired, you will not be able to apply for a new one. 

Losing your passport means - if you are working outside of Canada, you have to return to Canada...

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...

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