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Posts tagged "Family Law"

How does a job loss affect spousal support negotiations?

Divorce settlements are almost always based on certain assumptions, including an assumption about the projected future earnings of each spouse. This information is often considered when calculating spousal support in Alberta. But what happens when a job loss takes place during a divorce? There are a few things divorcees should know about this challenging scenario.

Finding family law solutions amidst domestic violence issues

Domestic violence is a topic that is getting increasing coverage in recent years, and a high-profile domestic violence incident in Calgary has reignited the conversation in Alberta. People seem to have many questions about how to manage such situations. What should be done if experiencing domestic violence? Is there a good way to help a loved one, and what family law solutions exist to protect people trying to leave an abusive household? Experts in the province are weighing in on these questions to keep people safe.

Declining marriage rates signal family law trends

There are many different types of families in Alberta, but unmarried or "common-law" couples seems to particularly be on the rise. Recently, Statistics Canada verified this trend. According to the General Social Survey (GSS), three-quarters of Canadian adults 25 to 64 cohabit with a partner but that a decreasing number of these couples are legally married. There are many family law implications in this trend, including managing divorce while one or both spouses are cohabiting with another partner and the rights of common law couples if a relationship dissolves.

Family law: Protecting assets going into a serious relationship

When a relationship gets serious a couple -- who are very often in a honeymoon phase -- might decide to take things to the next level. That may mean living together. There are family law rules in Alberta that can assist each individual in making decisions when it comes to protecting his or her assets within a serious relationship. After all, those assets may be handed down to a person's children one day.

Famiy law: When a spousal support payor's income increases

Individuals receiving spousal support may be cheering when their former spouses get substantial pay raises. Increasing the amount of spousal support after a payor gets a raise is one of the most contentious, litigated issues in family law in Canada. Spousal Support Advisory Guidelines are used in Canada to determine the duration and what the amount of spousal support should be.

Family law: When one parent takes the children without consent

Compromising over child visitation is something many divorced or separated parents often find difficult. Family law in Alberta stipulates that children do better when they can have both parents in their lives, but when one parent leaves the country with his or her children without the permission of the other, it's not only devastating, but it is against the law. Some parents won't abide by the rules and when international borders are involved in child custody matters, and things can get complicated. 

Family law dispute: Domestic violence in Alberta

Divorce can bring out the worst in couples. Many a family law dispute in Alberta has centred around domestic violence, which increases not only the stress level in the partner on the receiving end of such violence, but of any children involved. In its 2013 report Statistics Canada (StatsCan) said that there are more than 252 domestic violence victims for every 100,000 residents in the country, which translates to 26 per cent of violent actions involving spouses or common law partners. 

The importance of positive co-parenting in the family law process

The mental health of children going through divorce often hinges on how well their parents are co-parenting them. The family law process in Canada looks at what is in the best interests of children and that includes supporting their children through difficult times. Parenting in two individual homes might not be an easy feat, but when parents agree to put their children first, it could be much less stressful, even when parents are going through their own difficulties.

Honouring family law orders from other areas

When people get divorced, they no longer have to answer to each other and can live anywhere they please. However, if they share children and one parent lives out of province, they should know that they're not off the hook when it comes to child support and other issues. Alberta is part of what is known as the Interjurisdictional Support Orders Act which gives it the right to change, enforce and recognize family law orders from other provinces, territories and certain countries. 

Family law: Staying together while miles apart

There is no one way to describe a family in the 21st century. The family dynamic can be as individual as the people making up the family unit. Legally, the family dynamic in Alberta is governed by family law, and there are certain criteria that need to be upheld like always doing what is in the best interests of children; however, that doesn't always mean a family is located under one roof all the time. 

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