Section 7 Expenses in Alberta Family Law: A Comprehensive Guide
Kirk Montoute Dawson Family Law Blog
by Chris
2M ago
Family law matters often involve various expenses related to children’s upbringing, education, and extracurricular activities. In Alberta, Section 7 of the Federal Child Support Guidelines addresses these additional expenses and provides a framework for sharing the financial responsibility between separated or divorced parents. In this blog post, we’ll explore what Section 7 expenses are, how they are determined, and what parents need to know when dealing with these costs. Understanding Section 7 Expenses: Definition: Section 7 expenses refer to special or extraordinary costs associated with ..read more
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Navigating Custody Matters: Can Grandparents Apply for Custody in Alberta?
Kirk Montoute Dawson Family Law Blog
by Chris
3M ago
When families face challenges that affect the well-being of children, questions about custody and guardianship often arise. In Alberta, the legal system recognizes the importance of maintaining stable and nurturing environments for children, and this extends to considering the role of grandparents. In this post, we will explore the circumstances under which grandparents can apply for custody, the legal process involved, and the factors considered by the court. Understanding the Legal Landscape: In Alberta, the Family Law Act, SA 2003, c. F-4.5, governs matters related to custody and access. Wh ..read more
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Child Support Calculators in Alberta: How They Work and What You Need to Know
Kirk Montoute Dawson Family Law Blog
by Chris
3M ago
Child support is a critical aspect of any divorce or separation involving children. It is essential to ensure that children have the financial support they need to thrive, regardless of the circumstances of their parents. In Alberta, child support is calculated based on a set of guidelines that take into account the income of the parents and other factors. However, calculating child support can be complicated, and that’s where child support calculators come in. In this blog post, we will take a closer look at how child support calculators work in Alberta and what you need to know. How Child Su ..read more
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What is a Codicil?
Kirk Montoute Dawson Family Law Blog
by Chris
4M ago
A codicil is a legal document that is used to modify an existing will without completely replacing it. This document allows you to make minor changes to your will, such as adding or removing beneficiaries, changing the executor, or updating asset distributions. Codicils are typically used for small changes that do not require a complete overhaul of the original will. If you have made significant changes to your life, such as getting married or having children, it may be best to create a new will instead of using a codicil. In Alberta, the requirements for a valid codicil are the same as for a ..read more
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Can I legally prevent my children from seeing their other parent?
Kirk Montoute Dawson Family Law Blog
by Chris
4M ago
Divorce and separation can be a difficult and emotional time for everyone involved, especially when children are involved. Some of the most contentious issues in a divorce or separation are parenting, custody, and access to children of the relationship. Many parents wonder if they can legally prevent their children from seeing their other parent in Alberta. In this article, we will explore this question and provide some guidance on what you can do if you are facing this situation in Alberta. The Best Interests of the Child in Alberta In Alberta, the best interests of the child are the most imp ..read more
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Imputing Income in Family Law Cases: What You Need to Know
Kirk Montoute Dawson Family Law Blog
by Chris
5M ago
When it comes to determining the appropriate amount of child or spousal support in a family law case, the court will consider a range of factors, including the income of each party. However, what happens when one party is not currently earning an income, but has the potential to earn more? In these situations, the court may decide to impute income to that party in order to calculate an appropriate level of child or spousal support. In Alberta, the Court of Appeal recently issued an important decision that clarifies many uncertainties associated with imputation of income. Imputing income is a l ..read more
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When Love is a Stranger: Navigating Parental Alienation in the Alberta Family Courts
Kirk Montoute Dawson Family Law Blog
by Chris
6M ago
Parental Alienation is a complex and deeply painful dynamic that can profoundly affect families. This issue can be challenging to address emotionally and, in some cases, legally.  With this particular backdrop, Alberta Family Courts are confronted with the unique challenge of evaluating and finding solutions on matters such as Parenting Time Schedules and Decision-Making for children of separating couples. Alberta’s Family Courts aim to prioritize the best interests of the child in such cases, but it can be difficult to discern the truth amidst this type of allegation. A claim of Parental ..read more
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Money “Triggers” in Divorce: The Most Emotional Financial Issues in Family Law
Kirk Montoute Dawson Family Law Blog
by Chris
1y ago
The more intrinsically human affairs such as parenting schedules, decision-making for children and relocation with children are undeniably more prone to conflict in any divorce. The financial issues are far from immune. Divorcing spouses can be provoked by financial claims or positions that can arouse equally strong emotional reactions of anger, shock and anxiety.   Couples may have the best of intentions in efforts toward an amicable and drama-free divorce, perhaps even comparable to a “win-win” business deal. Those intentions aside, the legal positions ultimately taken on financial issu ..read more
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Help! My Ex Is a Narcissist
Kirk Montoute Dawson Family Law Blog
by Chris
1y ago
Narcissist Personality Disorder is a mental condition where people have an inflated sense of their own importance, a deep need for excessive attention and admiration, troubled relationships and a lack of empathy. Characteristics of narcissists and symptoms can vary drastically. While most people are not formally diagnosed with Narcissist Personality Disorder, it is quite common these days to hear the term “my spouse is a narcissist.” As a result of the character traits of a narcissist, you will generally encounter the following from your ex-spouse in the divorce process: They want to maintain ..read more
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Adultery and Cheating – Divorce in Alberta
Kirk Montoute Dawson Family Law Blog
by Chris
1y ago
Adultery and unfaithfulness continue to seem to be one of the leading causes for separations in Alberta.  While it is often the cause for a separation or divorce, and emotions will often be very high, many are surprised to learn it typically will not have a significant impact on the divorce. The Divorce Act does list the specific grounds that can be relied upon to seek a divorce, which includes committing adultery.  However, in practice divorce is rarely granted based on adultery.  The more common ground for a divorce to be granted is if the spouses have lived separate and apart ..read more
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