A separation/ Divorce is a very traumatic event. It is important to find a Family/Divorce lawyer that you can work with and assist you during this difficult time in your life. Some lawyers are willing to listen to your feelings while others are strictly business. You have to decide which type of lawyer you want. (more…)
When there are children of the relationship, or a spousal support obligation, it is important to have a provision in any separation agreement dealing with life insurance. These provisions serve as security for child support/spousal support in the event that the support payor dies while the dependent is entitled to child/spousal support. (more…)
Section 31 of the Family Law Act states that “Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. The support obligation does not extend to a child who is 16 yrs of age or older and has withdrawn from parental control”. (more…)
Adult Children (ie. over the age of 18 yrs) are only entitled to child support if they are dependents as defined by the Divorce Act and the Family Law Act. An adult child is entitled to child support if he/she is “enrolled in a full time program of education”. Various court decisions have held that it is not sufficient for the adult child to simply be enrolled in school on a...
There is a recent decision of the Alberta Court of Appeal, Webb v. Birkett, wherein the court held that Family Law Lawyers, whether engaged in mediation, the collaborative law process, or any other process, has a duty to obtain full and complete financial disclosure, unless the client, being properly informed, waives the requirement.
The Court of Appeal held that it is the duty of every lawyer...
This section provides that in determining a person’s income for child support purposes, you must look at the total income until line 150 in a person’s Income Tax Return and adjust the income as required by Schedule III to the Guidelines. (more…)
This section of the Guidelines provides that a court may “award an amount that is different from the amount determined under the Guidelines, if the court finds that the spouse making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship”. Although the Guidelines does not specifically define “undue hardship”, the court...
This section addresses the situation when a spouse “exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of a year”. (more…)
This section provides for the payor to pay additional monies to the recipient, over and above base child support, to “cover all or any portion” of the “special or extraordinary expenses” for the child. The preamble of section provides that the expenses may be “estimated”.
However, it is my experience that if you are seeking contribution for past...
