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Category: Child Support

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Category: Child Support

Alberta Court of Appeal Sets New Test for Imputing Income for Support Purposes

New Test to Impute Income for Child Support Purposes in Alberta The calculation of how much a parent is required to pay in child support is based on how much that parent earns. Normally, the court will determine what the parent’s income is by looking at their annual tax return, or the tax returns of any corporation that the parent operates. However, determining a person’s income may be more complicated in situations where one parent believes the other parent is intentionally unemployed or earning less than they are capable of. In such situations, the Federal Child Support Guidelines [...]

By |28/11/2022|

Factors Determining a Child’s Best Interests in Alberta

What are factors that determine what's in a child's best interest? You will hear the phrase “child’s best interests” repeatedly if you need to discuss child custody arrangements in Alberta. All court decisions involving children will be made in the child‘s best interests and parents must also consider these first and foremost when making separation agreements — as no divorce will be granted unless you provide reasonable evidence that the child’s best interests have been met. This is one of the clearest principles in family law. In fact, the new Divorce Act amendment, which came into effect [...]

By |30/08/2022|

Top Reasons Not to Self-Represent in Alberta Family Law Matters

Representing yourself Over Family Law Matters in Alberta Some people self-represent in family law matters in Calgary. On the face of it, this may seem like a viable option but it rarely is. Often, the motivation for self-representation is to save on legal fees but many family law issues can have a huge impact on family members’ lives and, with such high stakes involved, saving a few dollars can be a false economy if the result of the dispute or legal action goes against you. Other people are worried about the impact of sharing intimate family matters with someone [...]

By |08/08/2022|

Relocating With Children in British Columbia

Relocating With Children in British Columbia Relocating with children after a divorce in B.C. is a complex matter that requires preplanning and considerable thought before acting. Parental rights and responsibilities are highly valued in British Columbia’s family law system, so anything that could impinge upon them is carefully scrutinized. If you are looking to relocate with your children, therefore, you will need to consider how the move will affect the other parent and other important people in the children’s life. As always, the standard used for decisions concerning children in B.C. is the children’s best interests. Sorting out [...]

By |05/07/2022|

Child Support for Children Attending Post-Secondary Education

Child Support for a Child's Post-Secondary Education in Alberta Alberta’s Family Law Act states that every parent has an obligation to provide support for his or her child (s. 49(1)). After separation or divorce, this obligation requires parents, to the extent of their means, to share the costs associated with the care, support and educational needs of the child, and is not limited merely to providing the necessaries of life [1]. Nor is it limited to children who are minors. On the contrary, both the Divorce Act and the Family Law Act define a “child” to include one who [...]

By |30/06/2022|

Understanding Parenting Plans and Custody Agreements in Alberta

Parenting Visitation Rights and Custody Agreements in Alberta When couples get married, no one plans to divorce. Yet, in 2021, 7.4 million people obtained a legal divorce in Canada. Although divorce is a common occurrence, it is a stressful one, especially when children are involved. Our goal at Spectrum Family Law Calgary is to make this difficult transition as smooth as possible. We aim for you to have a clear understanding of the systems in place so that you can best protect and care for your family. When dealing with something as important as custody agreements and parenting [...]

By |27/06/2022|

Unmarried Fathers’ Rights in Canada

Unmarried Fathers' Family Rights in Alberta A parent’s rights to participate actively in a child’s life are precious and they are protected regardless of marital status in Canada. Canada’s legal system recognizes that parents are entitled to equal rights as both are considered equally important in their child’s upbringing. Wherever possible, therefore, decisions that are made in the child’s “best interests” include both parents. While the laws for common law marriages vary from province to province, parental rights are recognized across Canada. The general rule for unmarried fathers in Canada is this: if you can prove paternity, you [...]

By |29/04/2022|

Family Law Legislation in Alberta

Understanding Family Law Legislation in Alberta Several important laws govern family matters in Alberta, the most important of which is the Family Law Act. These provincial laws must also work with federal laws like the Divorce Act in certain situations. It is normal for families to experience issues like relationship breakups, disputes over children or parenting, support issues, parentage or guardianship issues, and so on. The prevailing laws are designed to help resolve such issues and, from time to time, amendments are made to them. These important laws are the mainstays of family law in Alberta, so families seeking [...]

By |02/03/2022|

Reasons Why You Should Hire a Family Law Lawyer

Why Should You Hire a Family Law Lawyer? A family law lawyer can help you prevent legal disputes with loved ones—and resolve them. However, many families in Calgary do not seek legal assistance until a situation has deteriorated to the point where the matter needs court intervention and they don’t know what to do. Family lawyers do more than handle dispute resolution. We can prepare a variety of agreements between spouses and partners, help with the marriage and divorce process, and protect families where domestic violence is an issue. While there is sometimes a perception from families that [...]

By |11/02/2022|

Maintenance Enforcement Program in Alberta

Maintenance Enforcement Program for Alberta Residents Sometimes, despite a court order being issued, stipulating child, spousal or partner support to be paid by one ex-partner to another, payments are not made. For the recipient or the payor, financial hardship may result from the situation. The Alberta family law system treats this seriously, especially when children are impacted. Alberta’s maintenance enforcement program is designed to help recipients of support get the payments that they are due. Learn More → Reasons Why You Need to Hire a Family Law Lawyer Book A Consultation What is the [...]

By |31/08/2021|

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