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62380.07The quantum of ongoing child support for children over the age of majority is presently the most discretionary, least consistent, and least predictable child support issue. This paper explores the various tests applied across Canada to determine an adult child’s entitlement to ongoing child support, and the many approaches Canadian courts have taken to determine the amount of child support payable for those children per section 3(2)(b) of the Federal Child Support Guidelines. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.05This paper serves as a primer on imputation of income for the purposes of support. It explores imputation of income under the Federal Child Support Guidelines and the Alberta Child Support Guidelines and the Peters test. It also provides a sampling of case law in child support matters; practical tips for advancing an imputation argument, including evidence required; and a quick note on imputation for the purposes of spousal support. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.04Whether for the purposes of proceeding with a court application or negotiating a settlement outside of the courtroom, disclosure is imperative for family law matters. This paper discusses the key concepts of family law disclosure, including practical insights as to how practitioners can best manage the disclosure obligations that clients face. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.03This paper explores the role of the date of presumptive retroactivity; the importance of effective notice; the contextual considerations that may rebut the presumptive date of retroactivity or otherwise inform effective notice; the difference between retroactive child support and child support arrears; specific considerations for retroactive support in shared parenting arrangements; the interplay of retroactive child support claims with retroactive spousal support claims; retroactive child support versus child support arrears; time limits for bringing a claim; ‘tips and tricks’ for practitioners; and a general reminder that with retroactive claims, if you snooze, you lose. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.02Although the Spousal Support Advisory Guidelines are a good tool for providing a range of numbers to determine quantum, and even offering some guidelines on duration, they do not give guidance on a very important issue: entitlement. This paper provides an overview of the law of entitlement when it comes to spousal (or partner) support and looks at unique challenges that counsel face when trying to resolve these claims. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.01Legal Professionals can be creatures of habit. These Child Support Guidelines short snappers will help break common habits that get in the way of good legal work. Topics include, tips for calculating Guideline income, dealing with the section 7(3) childcare calculation trap, Schedule III adjustments, listing (or not listing) all section 7 expenses, issues arising from RESPs, split parenting calculations (s. 8), and shared parenting setoffs (s. 9). This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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OC-62380-7Child support and spousal support are at the heart of many family law matters. From the perspective of two Justices, explore key topics including balancing the amount of disclosure practitioners are giving to the Court, spousal support and the use of the Spousal Support Advisory Guidelines, shared parenting and Contino v Leonelli-Contino, 2005 SCC 63, and issues that may arise with adult children. This on-demand program was originally presented on April 4, 2024 as part of a program titled Spousal & Child Support. Total running time is 1 hour, 8 minutes.
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OC-62380-6The quantum of ongoing child support for children over the age of majority is presently the most discretionary, least consistent, and least predictable child support issue. Examine the tests for determining an adult child’s entitlement to ongoing child support, and the approaches courts have taken to determine the amount of child support payable for those children per section 3(2)(b) of the Federal Child Support Guidelines. This on-demand program was originally presented on April 4, 2024 as part of a program titled Spousal & Child Support. Total running time is 48 minutes.
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OC-62380-5This on-demand program serves as a primer on imputation of income for the purposes of support. It explores imputation of income under the Federal Child Support Guidelines and the Alberta Child Support Guidelines and the Peters test. This on-demand program was originally presented on April 4, 2024 as part of a program titled Spousal & Child Support. Total running time is 35 minutes.
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OC-62380-4Whether for the purposes of proceeding with a court application or negotiating a settlement outside of the courtroom, disclosure is imperative for family law matters. Explore key concepts of family law disclosure, including practical insights as to how practitioners can best manage the disclosure obligations that clients face. This on-demand program was originally presented on April 4, 2024 as part of a program titled Spousal & Child Support. Total running time is 32 minutes.
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OC-62380-3Following the implementation of the federal and provincial Child Support Guidelines, there was little guidance as to whether parties could, or could not, rely upon the legislation in making applications for support in years past, and what that process would look like. Explore topics including the role of the date of presumptive retroactivity, the importance of effective notice, the interplay of retroactive child support claims with retroactive spousal support claims, and ‘tips and tricks’ for practitioners. This on-demand program was originally presented on April 4, 2024 as part of a program titled Spousal & Child Support. Total running time is 58 minutes.
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OC-62380-2Although the Spousal Support Advisory Guidelines are a good tool for providing a range of numbers to determine quantum, and even offering some guidelines on duration, they do not give guidance on a very important issue: entitlement. This on-demand program provides an overview of the law of entitlement when it comes to spousal (or partner) support and looks at unique challenges that counsel face when trying to resolve these claims. This on-demand program was originally presented on April 4, 2024 as part of a program titled Spousal & Child Support. Total running time is 48 minutes.
