After a divorce, the parties may coordinate to co-parent their children, even if they live primarily with one of the parents. Parenting schedules can take many forms, depending on the parties’ circumstances. In some cases, there may be shared parenting where both parties play a significant role in the children’s lives. This arrangement can make it difficult when one of the parents wants to relocate with the children because it will impact the other parent’s parenting time with the children. In some cases, a relocation application may even be denied if there are no reasonable plans to allow the ..read more

After a divorce, child support is taken very seriously by the court, as it is the right of the child. In some cases, if the payor has yet to make sufficient child support payments, they may be required to pay child support retroactively for the years or months they did not pay or paid an amount below the appropriate amount based on their income. Even if the payor’s income has changed in the current circumstance, this does not release them from the responsibility to pay child support based on their income in the past. Therefore, accurately determining their income is very important to determine ..read more

A separation agreement can be a great way for divorce parties to settle on various issues, including property division, spousal support, and child support. Parties have more flexibility in deciding what terms will work for them rather than having a court decide the outcome. Of course, this depends on the case’s specific circumstances, including how willing the parties are to agree to certain terms. Once parties agree to a separation agreement, they are expected to follow the contractually binding terms unless the separation agreement is invalidated on other legal grounds. Otherwise, a party ma ..read more

When parties get a divorce, there can be a high degree of conflict during their family law proceedings, especially when it escalates to court. It is not uncommon for parties to feel that the other party is pursuing unnecessary court applications or playing a role in exacerbating conflict.  In high-conflict scenarios, it may be that a party would be considered a “vexatious litigant,” which can allow the court to impose certain procedures to ensure that the litigation process is kept under control. However, this requires a finding that the litigant has gone beyond what is appropriate in a c ..read more

One of the issues that can arise from a divorce is spousal support, including whether a party is entitled to support, as well as the amount and duration of support. Spousal support is often provided to compensate for contributions from one party towards the marriage or to account for the fact that a party may require some financial support to become self-sufficient after being financially dependent on the other throughout the relationship. While the Spousal Support Advisory Guidelines do not determine entitlement to spousal support, they are guidelines the federal government provides to calcul ..read more

Child support is considered the right of the child, and it is an entitlement that the courts strongly uphold. When children are young, it is obvious that they require financial support from their parents, which is to be provided on both sides, although it may be only one parent who formally pays child support. However, once the child is over 18, it becomes less clear when they would be entitled to child support. This will depend highly on the circumstances of the case, based on legislative definitions of who is considered a child, and case law on this issue. This post will explain when adult c ..read more

Relationships can take many different forms. Partners may choose to avoid getting married or separately manage their own assets. However, that does not mean they are exempt from Alberta’s family property division regime. For common-law couples that meet certain criteria, they will be considered adult interdependent partners. The family property regime in Alberta will apply to them upon separation, even if they have different arrangements in mind. Therefore, common-law couples need to be aware of Alberta’s family property regime, as it can apply to their situation upon termination. By understan ..read more

After a divorce, the parties need to consider the child’s best interests when co-parenting. In many situations, although not every situation, this may involve ensuring that each party has parenting time with the children as agreed upon or by court order. Generally, a parent is expected to ensure that they are facilitating rather than restricting parenting time with the other parent unless there are valid reasons. There may be cases where this may be more difficult, such as if the children want to avoid attending parenting time with one of the parents. If this issue is brought before the court ..read more

Relationships can come in many different forms. In many common-law relationships, parties rely on each other for their finances and operate as an economic unit. In these situations, Alberta’s family law recognizes that a party may need to pay the other partner support after separation. This is to recognize that after the breakdown of a relationship, one party may be significantly disadvantaged after depending on the other for financial support. For example, the parties may have had an understanding that one party would be the primary provider of financial resources while the other would play a ..read more

After separation, parties with children will need to make new arrangements for parenting time and parental responsibilities, including who will make decisions on behalf of the child if disputes arise. It can be especially challenging when a parent plans to move away, including situations where the primary parent seeks to move away with the child. This is called relocation, and certain legal requirements must be met for a parent to relocate with a child. The most important factor for a relocation is the child’s best interests, which are assessed on various factors. For a child with special need ..read more