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...]
(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...]
What happens when farmers divorce?
The inter-generational nature of farms, and the need to keep enough farmland to make the farm viable, pose several unique challenges when families decide to separate. Farm families often experience the law in unique ways, and divorce is no exception. The inter-generational nature of farms, and the … [Read more...]
(More) Myths About Child Support
Debunking the myths and legends that haunt family law, including those about waiving obligations and business income. Most times when you ask a lawyer a question, the first words out of their mouth are “that depends …” Family law is no different! However, Canada’s child support legislation is … [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...]
DBS v SRG: Retroactive child support claims
20/20: Looking back over the last 20 years I was not short of choices when LawNow asked me to write about one of the most important family law cases in the last twenty years. After consulting with Sarah Dargatz, my fellow columnist on family law issues, I decided to talk about DBS v SRG, a … [Read more...]
Shared Custody Parenting: Income Tax Issues
Since the introduction of the Federal Child Support Guidelines (FCSG) in 1997, custody arrangements have affected child support obligations for Canadian parents. The greatest flexibility applies to “shared custody” situations. Under the FCSG, a child is in shared custody where each parent “exercises … [Read more...]
Self-Employment and Family Law: Calculating Income for Support
In most cases, the amount of child support a parent has to pay is determined by their income. For an employee, this is generally simple to calculate and is usually set out at line 150 of the employee’s tax return. However, many Albertans earn income from self-employment. It can be complicated to … [Read more...]
Changes to Child Support Applications
Exchanging financial information is crucial to determine child support. John-Paul Boyd gave a great overview of child support in LawNow Issues 38-4 and 38-5. I covered the general duty to disclose financial information in family law cases in LawNow Issue 39-5. There have been some recent changes in … [Read more...]
Financial Disclosure in Family Law Cases, Don’t Hide; It’s Best to Provide!
Navigating the family law system without a lawyer can feel overwhelming, but many successfully find their way. One of the biggest stumbling blocks for self-represented individuals is a resistance to provide sufficient financial information. In order to properly negotiate or litigate child … [Read more...]