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Child and Spousal Support

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Re: Child and Spousal Support

Post by propat on Mon 11 Jun 2018, 20:12

yaaa not sure about the SISIP thing buds but I get the PA pension . it might be just me but SISIP IS income replacement and has always been treated and taxed as income up to and including today . so I'm guessing it would be in family court as well .

propat

propat
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Number of posts : 157
Location : nb canada
Registration date : 2017-12-06

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Child and Spousal Support

Post by 81A on Mon 11 Jun 2018, 13:48

Hi Folks,

As a veteran of the family court system myself here is some relief to those who have been overpaying in support likely for years to your exes. Read this case law and get into court my friends because superior courts have stated that your Sisip income nor your VAC pension can be used for the purposes of support as they are classified as pain and suffering awards to the individual. They are classified as personal property and therefore it's yours for life.

Manuge vs the Canada 2012 FC 499 is the precedent and VAC falls under the same legislation. Alberta Court of Queens' bench adopted this reasoning and other jurisdictions have followed suit. Read Story vs Simmons 2013 ABQB 168. Read on Canlii

Also look at BC Supreme court ruling in LF vs CGC, 2014BCSC 1069

I know it's hard navigating the legal complexities at times but this should provide relief to the many men out there who live pay to pay due to your financial cuircumstances. Many lawyers are not even aware of these rulings so you have to be your own advocate just like matters with VAC.

Good Luck gents

81A

81A
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Number of posts : 7
Location : British Columbia
Registration date : 2017-04-25

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