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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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62354.01This paper is a comprehensive review of the principles set out in the Anderson v Anderson decision, earlier consideration by Alberta courts of those same principles, and how Alberta courts will likely apply the Anderson decision. This paper is part of a collection presented at LESA’s Running an Effective Family Law Practice program in Edmonton on March 7, 2024.
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62371.05When a child is apprehended, the Director (Child & Family Services) must return the child within two days or make an application for initial custody, as well as a supervision order, a temporary guardianship order, or a permanent guardianship order. This paper explores initial custody applications, including timelines and structure of the initial custody hearing , evidence, the legal test to be met, tips for counsel for the Director, tips for counsel for the parent/guardian, and next steps after the hearing. This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.
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62371.01This paper addresses aspects of the Alberta Child, Youth, and Family Enhancement Act (CYFEA), including the responsibilities of the Ministry of Child and Family Services and the Director, the roles of Family and Surrogate Court Litigation (FASCL) and Court Coordinators, principles that guide the interpretation and administration of the CYFEA, agreements with the Director, supervision orders, apprehension orders, temporary guardianship orders (TGOs) and permanent guardianship orders (PGOs), private guardianship, administrative reviews, and pertinent forms. This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.
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62363.01The Maintenance Enforcement Program (MEP) and Child Support Recalculation Program (RP) are administrative programs that operate within the Ministry of Justice. This paper explores the legislative framework for the MEP and RP; the MEP’s enforcement authority; when to serve the MEP and why; drafting orders; the MEP’s section 7 and child status policies; the Child Support Recalculation Program Regulation and the administrative limits of the RP; and the FSOS complaint review process and the ombudsman. This paper was presented at LESA’s MEP: A Primer for Legal Support Staff webinar on December 6, 2023.
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62364.02More and more family law clients and lawyers are turning to arbitration as an alternative to the courts. While many benefits exist, constraints and limits also exist. Part 1 of the paper explores various provisions of the Arbitration Act, including how they intersect and influence each other, and how the judiciary has interpreted them. Part 2 focuses on the intersection of the arbitration process and the limited jurisdiction of the court. This paper is part of a collection presented at LESA’s Collateral Issues in Family Law program in Calgary on December 1, 2023.
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62150.06This paper provides a brief synopsis of considerations when using expert evidence in family law trials. Topics discuss admissibility, preparing the witness, qualifying the expert at trial, examination, and cross-examination. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
