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Roger G. Rouault 21 September 2017

Child Support and Undue Hardship

Child support is crucial for ensuring that children have the financial support they need. However, the cost of supporting a child can be quite expensive. For parents struggling to make their child sup…

Enrique Dubon-Roberts 4 September 2017

Rights of Common Law Couples During a Break Up

We often hear the term “common law couples” used for non-married couples in Alberta.  Common-law couples have different rights than married couples upon the breakdown of a relationship.  The rig…

Diana J. Richmond 30 August 2017

Independent Legal Advice: Is it Necessary for Divorce?

With various divorce processes having the potential to cost a lot of money, it’s no surprise that many divorcing couples seek ways to keep their costs to a minimum. To do this, many chose to prepare…

Debra J. Price 8 August 2017

WHAT IS THE DISPUTE RESOLUTION PROGRAM AND WHY IS IT COMPULSORY?

The Dispute Resolution Officer program was first introduced in Calgary in 2001 as a pilot project.  It is now, and has been for many years, mandatory in both Calgary and Edmonton prior to any child s…

Alison J. Chickloski 4 August 2017

Negotiation, Mediation or Arbitration in Family Law: Which is Best?

When parties separate and commence the divorce process or when they decide to settle support or parenting matters, many times they advise their family lawyer that they do not want to end up in court o…

Alison J. Chickloski 21 June 2017

Post-Secondary Education Expense Obligations for Separated or Divorced Parents

Section 7 of the Alberta Child Support Guidelines and the Federal Child Support Guidelines sets out a number of expenses that are to be shared by the parents of a child. Such expenses are above and be…

Alison J. Chickloski 20 June 2017

Unequal Division of Matrimonial Property

Under Alberta’s Matrimonial Property Act, there is a presumption that all property acquired during marriage is divided equally between the spouses, as long as the property is not exempt (see my pos…

Aaron M. Vanin 11 May 2017

How am I able to claim the dependent deductions?

The decision of Harder v. The Queen 2016 TCC197 dealt with the Appeal of a Child Support Order in which there was shared parenting. Mr. Harder earned more money than his ex-wife, and the two shared th…

Jessica A. MacDonald 28 February 2017

Financial Disclosure

In family law matters, updated and complete financial information is necessary. Both parties need this information in order to have clear understanding as to their joint and individual financial circu…

Alison J. Chickloski 23 December 2015

The Pitfalls Of Foreign Marriage And Divorce: Part 2

Getting divorced in another country can also lead to some unintended consequences. In my last blog post, I discussed the potential issues with getting married outside of your home country. In orde…

Nick Van Duyvenbode 24 November 2015

High Income Earners – Child Support and Incomes Over $150,000

The Child Support Guidelines, which were first adopted federally in 1997, and subsequently shortly after in Alberta have become a strong source for the standardization of child support payments in f…

Alison J. Chickloski 10 August 2015

The Pitfalls of Foreign Marriage and Divorce: Part 1

The issues of foreign marriage and foreign divorce are arising more and more frequently due to globalisation and the increasing ease of travel between international borders. Before considering a fo…

Laurie J. Tymchuk 14 January 2015

New Income Splitting Rule and its Impact on Support

New Income Splitting Rule and its impact on support – January 14, 2015 As you may have heard, legislation was passed allowing families to split up to $50,000 in income between spouses under the…

Nick Van Duyvenbode 8 January 2015

In Loco Parentis – Step Parents, Unwed Parents, Non-biological Parents and Child Support

Dating back to the 19th Century, Canadian courts have legitimized the presence of a non-biological parent of a child for custody purposes and in modern times, with increasing importance, child suppo…

Nick Van Duyvenbode 7 November 2014

Understanding Guardianship, Parenting Orders and Parenting Time.

In 2003, the Family Law Act (FLA) received royal assent in the Alberta legislature and created significant change in the family law context. Prior to this most recent legislation, decisions were made …