Besides the couple actually going through a divorce, no one feels the stress more than any children they may have. But, thanks to the family law process in Alberta, these parents have the tools necessary to successful co-parent their children even when they're no longer living in the same household. Just because they may have two homes now doesn't mean these kids aren't still part of a family -- it's just that the family dynamic has changed.
If you or your former spouse are high income earners and share children, the following scenarios may be familiar when calculating child support:
When Family law goes to litigation it can be a lengthy and drawn out process. Although it can be a relief when your matter is resolved, that relief can quickly dissipate knowing you are faced not only with your own costs, but costs for the other party as well. Accordingly, it is helpful to have some knowledge about costs ahead of your next court appearance.
Breaking up is expensive, particularly when parties resort to litigation. It is not uncommon for large disparities in parties' financial means to frustrate the division of matrimonial property. For example, one party may initiate proceedings and be ready to move the matter forward while the other party does not have the finances to advance his or her side of the litigation.
The definition of family has changed over the past few decades. But whatever that means for people, Canada still has family law rules in place that govern the family dynamic. In recent years, the polyamorous lifestyle has been gaining in popularity, but what does that actually mean for people -- especially children. What does it mean for family law in general?
The ways in which parents handle divorce impacts their children greatly. First, it is crucial to let children know -- no matter what has been transpiring in the home -- that they are not the reason for the divorce. Parents have access to information and family law tools in Canada to help them to help their children in this situation -- everything from how to tell children about the divorce, to how to encourage them to be open about their feelings and what is happening.
Even those people who are ordered to pay child and/or spousal support aren't off the hook for those payments if they declare bankruptcy. In Canada, the family law process is closing aligned to the laws that govern bankruptcy. One can't hide behind bankruptcy laws to avoid financial obligations, especially where children are concerned. If back support payments are owed to a former spouse or children, a claim can be launched with the court.
When a couple with children splits up, there may be questions from each regarding child support -- who pays and how much. Family law in Alberta has succinct rules regarding how child support payments should be calculated. Who pays depends a lot on the custody arrangement and how much income each parent generates. Usually, the one who earns the most is the payor.
A part of Alberta legislation that speaks to common law couples who have split is getting an overhaul. The new bill has the stamp of approval of Alberta's lawyers who say the law regarding property division and property rights among common law couples who separate, as it currently stands, isn't comprehensive enough. Bill 28, which will be renamed the Family Property Act from the Matrimonial Property Act, will also include adult interdependent partners (aka common law partners).
Most of the changes to the Divorce Act have been applauded. There are still 45 proposed changes recommended to the Act, which oversee family law rules, most of which centre around the best interests of the child. The Act also clarifies many issues using plain language that most Alberta residents, and all Canadians, can understand.