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  • 62073.07
    This paper addresses how to properly arrange affairs to allow for successful claiming of the eligible dependent tax credit [EDTC]. It also provides advice for structuring separation agreements to maximize the potential available under the EDTC. The paper provides a brief fact pattern illustrating what a successfully structured EDTC looks like. Then, it sets out the limits of the EDTC, the requirements for it to succeed, and how the deduction functions. There is also a brief discussion on the family law implications of this process. Recent developments in the jurisprudence are also highlighted. This paper is part of a collection presented at LESA’s Family Law During Recessionary Times program in Calgary on October 4, 2017 and in Edmonton on October 11, 2017.
  • 62073.04
    This paper addresses how to properly arrange affairs to allow for successful claiming of the eligible dependent tax credit [EDTC]. It also provides advice for structuring separation agreements to maximize the potential available under the EDTC. The paper provides a brief fact pattern illustrating what a successfully structured EDTC looks like. Then, it sets out the limits of the EDTC, the requirements for it to succeed, and how the deduction functions. There is also a brief discussion on the family law implications of this process. Recent developments in the jurisprudence are also highlighted. This paper is part of a collection presented at LESA’s Family Law During Recessionary Times program in Calgary on October 4, 2017 and in Edmonton on October 11, 2017.
  • 62073.03
    Creative and cooperative approaches to tax issues can increase the amount of funds retained by separating couples. This paper discusses tax tips to help separating couples net additional funds. Opportunities discussed include bringing a claim for retroactive spousal support, withdrawing from registered retirement savings plans, and using available capital losses accumulated in prior years to eliminate some or all of the associated income tax liability from selling investments to access cash. This paper is part of a collection presented at LESA’s Family Law During Recessionary Times program in Calgary on October 4, 2017 and in Edmonton on October 11, 2017.
  • 62073.02
    This paper examines the Maintenance Enforcement Program [MEP] and the Child Support Recalculation Program [RP] in Alberta. In the context of MEP, the paper discusses payment arrangements, driver’s licence actions, consequences of default, administrative reductions, and stay of enforcement proceedings. In addition, the procedure for serving maintenance-related applications and new orders on MEP is also reviewed. In the context of RP, using income information and anniversary dates, dealing with self-employed payors, and objecting to a recalculation decision are highlighted. As well, the recommended procedure for advising RP of child support variation applications and orders is also discussed. The paper includes, as appendices, a number of helpful information sheets on topics including payment arrangements, self-employment, and inability to make support payments. It also includes a summary table of helpful hints for lawyers dealing with MEP and RP, as well as a maintenance enforcement support agreement precedent. This paper is part of a collection presented at LESA’s Family Law During Recessionary Times program in Calgary on October 4, 2017 and in Edmonton on October 11, 2017.
  • 62042.13
    Money, time, stress, and ruined relationships; these are just a few of the typical costs of a prolonged trial. These costs permeate throughout all areas of litigation but they are especially significant in family law, where the parties are related and custody of children is a frequent point of contention. This paper serves as a primer for those seeking to avoid the adversarial process of a trial by utilizing alternative dispute resolution mechanism, specifically settlement. Through the provision of valuable settlement strategic resources, this paper equips a family lawyer with the necessary knowledge and skills to obtain a settlement and avoid the many risks and downfalls of going to trial. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.  
  • 62042.21
    This paper provides some suggestions, from a judicial perspective, for effective chambers advocacy. It includes drafting suggestions for pleadings, affidavits, and orders, and tips for being an effective and persuasive advocate in court. It also provides tips for ex parte applications, special chambers, and trial. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.  
  • 62042.11
    Canada’s aging population not only poses a number of problems in the economic and social spheres, but the family justice system is impacted as well. This paper examines age and other characteristics of the Canadian population, recent trends in divorce and remarriage, and the economic consequences of separation later in life. A number of legal issues surrounding later-in-life divorces are addressed, including the conflicting property interests of new spouses and adult children from previous marriages, the possibility that payors subsisting on fixed incomes may have concurrent support obligations to more than one spouse, and the divisibility of old age pensions and other public benefits. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.  
  • 62042.12
    This paper aims to aid those seeking to understand the framework through which inter-jurisdictional parental disputes over custody are resolved within Canada and internationally. A number of complexities arising from the non-consensual cross-border relocation of children are analyzed, including whether the parents are married or not, the inconsistency of provincial laws, the interpretations of key provisions, what happens when a foreign respondent disputes jurisdiction, and the relevance of The Hague Convention. Combining elements of family, enforcement, and international law, this paper provides a succinct yet detailed overview of the various issues that arise in the context of inter-jurisdictional custody disputes. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.  
  • 62042.10
    It is established law that a lawyer for parents in family cases has important ethical duties to both their clients and the administration of justice, but what about towards the children of their adult clients? This paper focuses on addressing the unique ethical issues related to the practice of family law in general and towards children of adult clients in particular. Issues addressed include what duties do family lawyers have towards children, when do these duties arise and how are they carried out, and how are competing duties between adult clients and their children appropriately balanced? Relevant legislation, the common law, codes of conduct, and regulations are canvassed throughout the paper as part of the examination of these issues. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.  
  • 62042.09
    This paper identifies select case law from 2016 and 2017 that have particular significance for family law practitioners. It provides a detailed case analysis of each decision, including a discussion of the potential impact and importance of each case. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.  
  • 32086-E
    $197.50$395.00
                    Explore elder law issues, including separation, divorce, matrimonial property, adult guardianship and trusteeship, wills and estates, capacity, elder abuse, and more. View the brochure or read the blog for more details. Date: June 7, 2018 Time: 9:00 AM – 4:30 PM Location: Chateau Louis Hotel & Conference Centre, 11727 Kingsway NW Regular Price: $395 + GST This seminar is also offered in Calgary.
  • 32086-C
    $197.50$395.00
                    Explore elder law issues, including separation, divorce, matrimonial property, adult guardianship and trusteeship, wills and estates, capacity, elder abuse, and more. View the brochure or read the blog for more details. Date: May 30, 2018 Time: 9:00 AM – 4:30 PM Location: Glenmore Inn & Convention Centre, 1000 Glenmore Court SE Regular Price: $395 + GST This seminar is also offered in Edmonton.