Family Law 

You're likely reading this because you are either recently separated or thinking about becoming separated and you feel lost and confused. Or because you you are struggling with child access and/or child support issues. Or possibly because you are interested in getting a pre-nuptial or a cohabitation agreement. 

Regardless of your situation, let us help you. We can simplify your complicated situation and walk you though it step by step. And all our fees are listed HERE so there are no surprises. 

We can help with the following issues: 

  • separation; 

  • common law separation;

  • divorce; 

  • child custody and access; 

  • child support; 

  • spousal support; 

  • parenting schedules; 

  • cohabitation and prenuptial agreements; 

  • assisted reproduction; 

  • private adoption; and 

  • guardianship / trusteeship applications

Here are answers to some of our most frequently asked questions about Family Law: 

 

QUESTION: IS COMMON-LAW THE SAME AS MARRIED?

ANSWER:

Common-law couples have the same rights as they relate to child support, child custody and access and spousal support. 

Married coupes and common-law couples do not have the same rights as they relate to property. Married couples' property rights are governed by the Alberta Matrimonial Property Act, whereas common-law couples do not have any legislation that governs their property rights. The best way for common-law couples to protect their property is to enter into cohabitation agreements. 

 

QUESTION: HOW IS CHILD SUPPORT CALCULATED?

ANSWER:

Child support is calculated based on the income of the payor parent, the number of children the parties have and the province the payor parent lives in. It is a formula set by the government and is the same for married and non-married parents. 

 

If parents are sharing time with the children equally, child support is usually set-off against each other, decreasing the child support payable.  

 

QUESTION: IS SPOUSAL SUPPORT ALWAYS PAYABLE? 

ANSWER:

Spousal support is not an automatic payment just because parties were together and now they are not. Entitlement to receive spousal support is based on three factors: 1. Compensation for the roles taken on during the relationship; 2. The need of one party and the means of the other party to pay; and 3. Any agreement entered into contracting into spousal support. 

 

QUESTION: WHAT HAPPENS IF I DON'T PAY CHILD SUPPORT? 

ANSWER:

If you do not pay child support, Maintenance Enforcement can contact your employer and garnish your wages.

 

You may also be restricted from getting a passport and travelling out of the country. 

102-10820 24 St. SE

Calgary, Alberta 

T2Z 4C9

Hours of Operation:

Monday to Friday

9 am to 5 pm

Phone: 403.537.2557

Fax: 403.537.2558

admin@stonetreelaw.com

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