On behalf of Kirk Montoute Dawson LLP posted in Family Law on Monday, December 23, 2013. A new federal law affects matrimonial property rights in First Nations reserves in Alberta and across the nation. On Dec. 16, 2013, Bill S-2 was enacted as the government tries to address a problem …
Child care agreements and holiday plans: Tips for Calgary parents
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Friday, November 28, 2014. Whether your relationship with your former spouse is amicable or strained, co-parenting during the holidays can be a challenge, especially if these are the first holidays with a new parenting plan. With that in …
Push for unified family court ramps up in Alberta
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Friday, November 21, 2014. Alberta remains one of only four Canadian jurisdictions where family law matters are divided between the lower and superior courts, while the other nine jurisdictions have some kind of unified family court. In Alberta, …
Using an exclusive possession order to stay in the matrimonial home
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Saturday, November 1, 2014. The matrimonial home is the most valuable asset in many divorces, and sometimes spouses disagree about who should leave the home during separation. Leaving the home does not necessarily mean that the spouse or …
What property is exempt from division in an Alberta divorce?
The Matrimonial Property Act (MPA) is the Alberta law used to classify and distribute property when a marriage ends. The basic presumption of the law is that matrimonial property and debts will be divided equally between the spouses. The MPA also provides for some kinds of property to be exempt from …
How does one change a child support order in Alberta?
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Saturday, October 4, 2014. Changing a child support order in Alberta can be a complex process that requires knowledge of the correct forms and statutes to use, as well as careful preparation. Whether you are the payor or …
Calgary mother seeks return of child taken by father to Lebanon
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Friday, September 19, 2014. In the 1980s, the Hague Convention on the Civil Aspects of International Child Abduction, or simply the Hague Abduction Convention, was drafted to expedite the process of returning a child home after the child …
Child support: Things to know about basic and special expenses
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Saturday, September 13, 2014. Parents going through separation or divorce often feel overwhelmed by the process of establishing an appropriate child support arrangement. Even the legal language may seem strange in an already complicated and emotionally fraught time. …
How far back can retroactive child support go?
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Saturday, September 6, 2014. Child support determinations are based on a variety of factors, including the incomes of the payor and the recipient. In Canada, if a payor’s income rises, then the payor is responsible for increasing the …
Divorce: How is property divided between joint tenants?
In matters of asset division in divorce or separation, the law can be complicated. For example, when a couple divorces, there may be questions of ownership with regard to the family home. While a prenuptial agreement can help you avoid confusion by stating exactly what each spouse will receive in …