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...]
(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...]
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...]
Marriage Breakdown Affects Taxes and Child Benefits
Significant financial and non-financial issues arise during the breakdown of a relationship. This article addresses the various tax claims and related benefits for children that should be considered in the finalization of a separation or divorce agreement. These issues can also be relevant for … [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...]
Bench Press 39-2: Estranged Father and Daughter
An Edmonton father and daughter had not had any face-to-face communication since 2010. The father was paying child support of $1054.00 per month. He asked the court to terminate or reduce his support obligation since she turned 18 on the grounds that he had no proof that she had attended elective … [Read more...]
The Calculation of Child Support: A Basic Guideline
The Federal Child Support Guidelines provide a framework for the payment of child support that a parent pays to support a child financially after a separation or divorce. What are the Federal Child Support Guidelines? As stated in Paragraph 1 of the Guidelines, their purpose is: (a) To establish … [Read more...]
A Brief Primer on Child Support: Part Two
This article is the second of a two-part series on the basics of child support. In the first article I talked about who can ask for support and who has to pay it. In this article, I’ll talk about how much child support is paid, including how children’s extraordinary expenses are covered. How Much … [Read more...]
