One of the more complex issues a couple will face when divorcing or ending a common-law relationship is that of sorting out support obligations and equalizing the value of the net family property. A particularly complex issue around determining spousal support is that of ‘double-dipping’ with respect to income earned from property that has already… Continue reading Double Dipping & Support Valuation
Year: 2019
Inconsistencies in Initial Custody Hearings in Alberta
When a child is apprehended in Alberta and the Director of Children’s Services determines that the child should remain in their custody pending an investigation, the Director must file what is known as an Initial Custody Application. If the child’s parent or guardian opposes the application, there will be an Initial Custody Hearing pursuant to… Continue reading Inconsistencies in Initial Custody Hearings in Alberta
Upcoming Divorce Act Amendments to Impact Mobility Rules
The upcoming amendments to the federal Divorce Act in 2020 will add procedural rules and obligations to the concept of mobility and the relocation of a child. Currently, a parent must seek the court’s approval to relocate in the form of a mobility application when the other parent objects to the move. Mobility applications will remain… Continue reading Upcoming Divorce Act Amendments to Impact Mobility Rules
Mother Successfully Appeals Cost and Support Awards
In a recent decision of the Alberta Court of Appeal (ABCA), a mother successfully appealed a set of orders made by a case management judge in her former spouse’s favour. In determining ongoing support owed to the mother by her former partner, the judge found multiple reasons to reduce or cancel the support payable by… Continue reading Mother Successfully Appeals Cost and Support Awards
The ‘Rule of 65’ & Indefinite Support
When people are divorcing or ending a long-term relationship, they must often confront the idea of spousal support. While the general concept is well-understood, there are some specific terms that people often have questions about. In this post, we will address two related concepts: indefinite support and the ‘Rule of 65’. What is ‘Indefinite Support’?… Continue reading The ‘Rule of 65’ & Indefinite Support
Bill C-92 Receives Royal Assent, Paving Way for Better Indigenous Participation in Child Services
Canada’s Bill C-92, An Act respecting First Nation, Inuit, and Metis children, youth and families (“the Act“), has received royal asset. The passing of this Bill, which was introduced in February of this year, is the culmination of ongoing efforts to address the overrepresentation of Indigenous children in Canada’s child welfare system. In 2016, over… Continue reading Bill C-92 Receives Royal Assent, Paving Way for Better Indigenous Participation in Child Services