In Alberta, a Grant of Probate is the Surrogate Court’s certification that the Will submitted by the Executor meets the formal requirements of a Will as set out in the Wills and Succession Act and is the last Will executed by the deceased. The Grant of Probate gives the Executor …
Divorce for business owners: Keeping emotions and money apart
When going through a divorce, small family businesses present a significant risk and challenge. Many married couples also happen to be joint-owners of small businesses. Running a business with a spouse can prove particularly beneficial since both owners tend to trust one another more than they would other business partners. …
Breaking Up – CBA Checklist
The Canadian Bar Association has published a helpful checklist of money-saving tips that assists in dealing with any potential financial consequences of relationship breakdown. Recognizing that break-ups can be a difficult and emotionally turbulent time, the checklist works as a preliminary tool that: Describes how to prepare for the first …
Tax Matters Toolkit: Separation & Divorce
The Canadian Bar Association has published the “Tax Matters Toolkit: Separation & Divorce” to assist separating parties understand potential tax consequences of relationship breakdown. The Toolkit notes that separation decisions, especially regarding children, property, or pensions, have tax implications and may affect parties’ future finances. To assist in becoming informed …
Imputing Income for the Purpose of Calculating Spousal or Child Support
If you are in a situation where you are separating from your spouse and they are not earning the income that you believe that they could be earning, you are not entitled to insist that they get a job or find alternative employment, but you may be able to impute …
Self-Employment Income and Child or Spousal Support Payments
In order to set child and/or spousal support payments, the payor’s Guideline Income must first be determined. If a payor is an employee, often his/her Guideline Income will be the amount found on Line 150 of his/her previous year’s income tax return. However, if a payor is self-employed, the amount …
Same-Sex Divorce for Non-Residents of Canada
The Civil Marriage Act of 2005 changed Canadian law to allow same-sex partners equal access to marriage for civil purposes on the basis that every individual has the right to equality without discrimination. Since 2005, thousands of same-sex couples have accessed the rights afforded them under the Civil Marriage Act …
Retroactive Child Support: Payor Beware!
In 1996, the Federal Government introduced the Federal Child Support Guidelines (the “Guidelines”). The purpose of the Guidelines was to promote consistency and fairness in child support payments. The Guidelines provide for two classes of payment. First is “Section 3” child support, which is based on the payor’s income as …
Alberta’s two top trial court judges look to unify family courts
Court heads deny comments made by premier that there is a “war” between the courts The heads of Alberta’s provincial court and the Court of King’s Bench have denied comments recently made by Premier Dave Hancock that a “war” between the courts is an obstacle to creating a unified family …
Consequences of ignoring an order following a family law dispute
For most people, a court order or judge’s decision marks some sort of conclusion in a legal conflict. For others, it can be the beginning of a new set of worries, this time related to the other party’s compliance with the order. Many Alberta individuals in the midst of a …