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  • 61978.02
    The first step in determining child support is to calculate the payor’s income pursuant to the Federal Child Support Guidelines [Guidelines]. This can be a complicated process when the payor has a fluctuating income, is a corporate shareholder, or operates a sole proprietorship. This paper helps guide readers through the income calculation process and provides an overview of the adjustments to sources of income as set out in Schedule III of the Guidelines, such as employment expenses, social assistance, and dividends from taxable Canadian corporations. The authors also provide practical considerations for income calculation when dealing with a sole proprietorship and for the inclusion of rental income. Relevant tax forms from the Canada Revenue Agency are included as appendices.
    This paper is part of a collection presented at LESA’s Reading Tax Returns and Corporate Financial Statements program in Edmonton on December 1, 2015 and in Calgary on December 8, 2015.
      
  • 61972.03
    This paper summarizes how family law treats a person’s financial situation, and the possible adverse and positive consequences which may emanate from the way people structure their domestic relationships. The paper provides an analysis of case law developed to determine the income of a spouse or parent for the purpose of calculating support obligations as well as case law related to adult interdependent relationships.
    This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2015.
     
  • 61970.05
    This author looks at domestic contracts from the perspective of what happens on the death of a payor under a domestic contract. Discussion includes the effect of the standard enurement clause on spousal support vs child support, the relevant legislation, and the issue of pension benefits and life insurance proceeds. Lastly, the author offers some suggested agreement clauses to ensure the parties’ intentions on the payor’s death. This paper is part of a collection presented at LESA’s Domestic Contracts program in October and November, 2015.
  • 61970.04
    The job of drafting a domestic contract means contemplating your client’s foreseeable, and also unforeseeable, future events.  Protecting your client from the unknown requires caution. This article can help, with advice on the essential elements of an agreement, and how best to organize them.  A precedent drafting checklist, sample contract structure and sample clauses are attached. This paper is part of a collection presented at LESA’s Domestic Contracts program in October and November, 2015.  
  • 61970.03
    This author discusses the three basic types of domestic contract – the cohabitation agreement, prenuptial agreement and marriage contract – and discusses how to identify when to use which.  A good first step is to identify the relationship. The type of relationship can dictate the type of agreement needed, and the applicable legislation. (For instance, are the parties living common law? Are they engaged, i.e. contemplating marriage?) This paper is part of a collection presented at LESA’s Domestic Contracts program in October and November, 2015.  
  • 61970.02
    Don’t fear the prenup. Instead, see it as a means of protecting your client by ensuring that his or her intentions and desires are reduced to writing.  These authors take a look at the questions relating to these agreements, including: When can a prenup be beneficial? What are its restrictions, limitations and grey areas? What about when the parties live together before marrying? How can a prenup be challenged after the fact? This paper is part of a collection presented at LESA’s Domestic Contracts program in October and November, 2015.
  • 61970.01
    This paper addresses the issue of common drafting errors in domestic contracts by referring to the problem contracts that have led to litigation.  The paper includes a sample matrimonial property acknowledgement and a sample prenuptial agreement. This paper is part of a collection presented at LESA’s Domestic Contracts program in October and November, 2015.  
  • 61936.04
    Prepared by counsel with years of experience dealing with pensions, this paper represents an overview of the various types of pension plans and the pension arrangements available to parties on marriage breakdown.  The author also discusses issues surrounding waiver, and sums up the recent developments in the area of death in the family law context.
    This paper is part of a collection presented at LESA’s All That Touches Family Law program in September, 2015.
     
  • 61936.03
    Matrimonial property distribution and income calculation for the purposes of child and spousal support can be complicated when agricultural assets and farm-related income are involved. Under the heading “valuating farm or agricultural assets”, the author discusses mines and minerals, royalties, farm equipment, and tools. Under the heading “determining farm income”, she details the information required before evaluating agricultural income for the purposes of calculating support.
    This paper is part of a collection presented at LESA’s All That Touches Family Law program in September, 2015.
  • 61936.02
    This author begins with some basic information on bankruptcy law for the family law practitioner, referencing the Bankruptcy and Insolvency Act. He then canvasses these areas where bankruptcy and family law intersect:
    • The effects of bankruptcy on matrimonial property division;
    • The effects of bankruptcy on spousal and child support; and
    • Changing priorities for common family law claims resulting from a bankruptcy.
    This paper is part of a collection presented at LESA’s All That Touches Family Law program in September, 2015.  
  • 61936.01
    This author focuses on privately-held corporations from the perspective of the family law lawyer. Specifically, she looks at the impact of these corporations on matrimonial property division and support issues. Sub-topics include discussions of the anatomy of financial statements, balance sheets, and income and expense statements; different  methods for valuing the privately-held corporation; the principles of valuation; considerations when distributing closely-held business interests; considerations under the Matrimonial Property Act; and calculating income for the self-employed under the Child Support Guidelines. References included.
    This paper is part of a collection presented at LESA’s All That Touches Family Law program in September, 2015.
     
  • 61935.07
    This paper sets out some considerations lawyers can use when assisting clients with a matrimonial property settlement. The author discusses how to approach both your client and the opposing side when discussing a settlement.
    This paper was presented at the Matrimonial Property Division program held in January and February, 2015.