FAQs Written By Professionals in Canada
- "What are the top 10 tips for working with a lawyer?"
Saskatoon Divorce and family lawyer Holly Ann Knott QC, answers: “1. Research your lawyer. Ask your friends and acquaintances for recommendations. Also ask your counselor or therapist.
2. Be prepared for appointments. Bring your list of questions and do your homework.
3. Know yourself and be candid and forthright with your lawyer.
4. Bring a friend. Two heads are better than one for remembering what transpired at the meeting with your lawyer. Your friend can also help remind you of what you need to know.
5. Bring your paperwork. Start a file or binder. Ask your lawyer for tips on organizing yourself and your paperwork…"
- "I want to change my name back to my maiden name. How do I do this?"
Divorce lawyer Linda Ippolito answers: "Under the Change of Name Act, you may elect to resume the surname that you had immediately before the marriage. The Act used to require the decision to be made within 90 days of the dissolution of the marriage, either by divorce, annulment, or death of the former spouse. This 90-day requirement, however, is to be struck from the legislation, enabling you in the future to change back to your maiden name at any time, regardless of the date of the marriage..."
- "Are spousal support and child support taxable? If so, is there any way to structure support payments to my ex to lower my taxes?"
Financial advisor Dixie Allen answers: "The good news is that alimony and child support payments are not taxable to you. However, you may be entitled to deduct these payments and reduce your personal taxes. Let's take a closer look at each separately:
Spousal support payments are tax-deductible by the payer (you) and taxable to the recipient (your ex-spouse). You may claim the alimony deduction providing it meets the rules. The payment must be considered an allowance. It must have been established in advance of your claim, by written agreement. It must be a recurring payment, not a one-time settlement. Whether or not your ex-spouse declares the income, you may go ahead and claim the deduction. If the payment is not included on the recipient's tax return, it will then be up to CCRA to take action..."