In 2022, the Alberta Court of Appeal in Peters v Atchooay changed course and adopted the reasonableness test for imputing income to calculate child support. The amount of child support a parent pays is based on their income. For many parents, figuring out their income means looking at their … [Read more...]
About Sarah Dargatz
(Even More) Myths About Child Support
Debunking the myths and legends that haunt family law, including those about supporting adult children and the obligations of stepparents. We have already debunked some myths about the law of child support, but there are so many out there! Let’s address a few more … Myth: My child is now 18 so I … [Read more...]
Myths about Child Support
Debunking the myths and legends that haunt family law, including those about getting out of your obligation to pay any or more support. This article continues our series on debunking the myths and legends that haunt family law. Today’s topic: myths on ways to avoid paying child support. A note … [Read more...]
Myths about Filing Claims
Debunking the myths and legends that haunt family law. This article continues our series on debunking the myths and legends that haunt family law. In our last issue, Erika covered myths about lawyers. Today’s topic: the family law process, particularly, filing claims. Myth: If I file first, I have … [Read more...]
Relocations with Children: The law before and the law now
New moving rules apply to families going through a divorce or already divorced, including those with existing orders or agreements. The federal government has made some important changes to the Divorce Act. John-Paul Boyd provided an overview of the changes in his November 2019 article “Important … [Read more...]
When is Shared Parenting Appropriate?
When the parents of a child separate, they must make decisions about where the child should live on a day-to-day basis. Many parents prefer some form of “shared parenting” which usually means that each parent has day-to-day care of the child at least 40% of the time. However, shared parenting is not … [Read more...]
What COVID-19 Caselaw Tells Us about Parenting
This column is coming out during the COVID-19 pandemic. Health authorities across Canada, and the world, have issued protocols for limiting the spread of the virus. Many family courts are only hearing “urgent” matters. The court has heard cases during this time that speak to a specific set of … [Read more...]
The Legal Status of the Spousal Support Advisory Guidelines
The Divorce Act sets out the factors that a judge considers when ordering one ex-partner to pay spousal support (also knows as “partner support” or “spousal maintenance”) to the other ex-partner. The factors in provincial family law legislation that applies to unmarried couples, such as Alberta’s … [Read more...]
Common Misconceptions about Family Law
It’s not unusual for someone to come see me and have some misconceptions about how the law or the legal process works. Previous articles and columns in LawNow have addressed many of these misconceptions. In this article, I’ll address a few others. 1. I can trade “parental rights” for the obligation … [Read more...]
Alternatives to Court: Mediation
In the first column in this series, John-Paul Boyd introduced basic alternatives to resolving family law disputes in court. In the second column, I wrote about the Collaborative process. In the last issue, John-Paul Boyd explained arbitration. In this column, I’m going to talk about … [Read more...]
