& COMPANY
LEGAL CENTRE
Barristers, Solicitors
Notaries/Mediators
/
NEWSLETTER
Phone: (403)269-7300 / Fax: (403)265-97901501 MacLeod Tr. SE
Calgary, AB T2G 2N6
e-mail:
Issue No: 20 / AUGUST, 2006
ALTERNATIVE DISPUTE RESOLUTION
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e acted for the ex-wife with respect to child support, spousal support and matrimonial property. The issues were complex and settlement discussions were unsatisfactory. The clients agreed to proceed to Arbitration. Arbitration is like going to Court, only it is usually less expensive, faster and less formal. The process took a great deal of preparation and three days for the hearing, but it was very worthwhile.
Prior to the Arbitration hearing, the ex-husband offered child support based on his estimated income, no retroactive child support, no spousal support and property divided based on his valuation.
Our client ended up receiving retroactive child and spousal support, increased ongoing child support,lump-sum spousal support and a substantial property award, all of which were arduously fought by her ex-husband.
The matrimonial property issues were many and complicated by a Family Trust and the ex-husband’s convoluted business structure and accounting practices. At the end of the day, our client received significantly more property than had been offered and in addition was awarded legal costs of over $30,000.
The benefits of proceeding by Arbitration rather than Trial were:
1.The ability to select the arbitrator, one with expertise in family law.
2.A shorter waiting time before the hearing date.
3.The process was private, unlike a trial, and somewhat less intimidating for the parties.
MORE BENEFITS TO CLIENTS
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e met with a gentleman for a Matrimonial Assessment. He explained to us that he and his girlfriend had moved to Calgary from another province for better work opportunities. After living in Calgary for about a year, his girlfriend became pregnant. The couple lived together for about one year after the child was born and shared in the child-rearing responsibilities. Unfortunately the relationship broke down and the couple separated. The child lived with the mother primarily and the father saw the child regularly. The mother became upset with the father and indicated that she intended to move back to her home province in Eastern Canada (with the child) to be closer to her family. The mother had a plan to move within a month of advising the father of her plan. The father had a good job in Calgary and did not want to move back. He feared that if the mother moved back East, he would not see his child very often.
After meeting with this gentleman, we advised him he would have to bring an immediate Court Application to prevent the mother from relocating the child out of the province. We advised that this would be a short-term Order to maintain the status quo and that the final decision about the relocation would come at a later date after a Trial or a lengthy Court Application.
We were able to provide the client with enough information at the Matrimonial Assessment to allow him to proceed to Court on his own and obtain an Interim Order preventing the mother and child from leaving the province. He was successful. He then came back and hired us to help him with the Trial.
CHILD SUPPORT GUIDELINES UPDATED
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ffective May 1, 2006, the Federal Child Support Guidelines have been amended. The original Federal Child Support Guidelines came into force May 1, 1997, and this is the first significant update. The most important changes are first, to the actual support tables, and second, to Section 7s and the definition of what an extraordinary expense is.
The changes in the tables could affect the amount of support you are paying or receiving. For example, for two children:
(a) At an income of $40,000 under the previous Guidelines, child support was $571; under the new Guidelines it is $573;
(b) At an income of $80,000 under the previous Guidelines, child support was $1,062; under the new Guidelines it is $1,151;
c) At an income of $100,000 under the previous Guidelines child support was $1,295; under the new Guidelines it is $1,428.
The greater the payor’s income, the greater the impact of the new tables on the quantum of child support.
A copy of the new Guidelines is available at:
or call us for more information.
SUPREME COURT RULES
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he Supreme Court of Canada recently ruled that two Alberta fathers had to pay substantial retroactive child support to their ex-wives. In two other cases, the Court ruled no retroactive child support should be paid by the fathers. In one of these cases, our own Crystal Thompson was the lawyer for one of the fathers. In that case, the lower Court ordered the father did not have to pay retroactive child support. The Alberta Court of Appeal disagreed, setting a new test for retroactive support. The Supreme Court of Canada disagreed with the Alberta Court of Appeal and said Crystal’s client was not blameworthy and did not need to pay. Way to go Crystal!
How this case may apply to you is an important point. Call one of our lawyers to see if you should be receiving or paying more or less child support.
For further information, Balbi & Company will be hosting a free teleconference in early September, 2006 outlining how this case may affect you. (See Announcement below.)
IN-HOUSE INFO
ANNOUNCEMENTS
Balbi L.A.W. Seminars:
(Legal Advisory Workshop)
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tarting in the Fall of 2006, Balbi & Company will be offering exclusive free teleconference workshops for our clients to attend. These workshops will be hosted on various Family Law matters and are intended to help clients gain support, information and understanding of the Family Law process, issues and how Balbi & Company can assist you. You attend simply by calling in on a secure phone line and you can listen to all the information over a lunch time. If you are interested in being added to our Workshop Announcement e-mail contact list or require more information, please contact Kerry Webster at or call (403) 269-7300.
NOTE: Our first teleconference is “New Law on Child Support Affects Everyone” set for Wednesday, September 13 at12:15-12:45 p.m.
BALBI & COMPANY LEGAL CENTRE WEB SITE
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e are proud to announce the unveiling of our Web Site in the Fall of 2006. Our site will offer new and existing clients the opportunity to view our lawyer profiles, information about legal issues and the Family Law services that Balbi & Company offers.
@E-MAIL CONTACT LIST@
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f you would prefer to receive this Newsletter via e-mail we can add you to our e-mail contact list. Please forward the preferred e-mail address to Kerry Webster at:or call (403) 269-7300.
CAST
& CREW
Lawyers
Lonny l. Balbi, QC
Ceri m. Chwieros
Crystal Thompson
Office Manager
Dana Eason
Legal Assistants
Veronica Beaulieu
Andrea Bekei
Marketing Assistant
Kerry Webster
Receptionist:
Shona Ward