What Is Indefinite Support in Edmonton?

Money is often a major question when it comes to the end of a marriage or adult interdependent relationship. Because it is not uncommon for partners to share finances, the end of a relationship may mean significant financial changes for one or both individuals as their lives take on new directions.

Depending on the circumstances, spousal support may be ordered to help a spouse transition to financial independence. It may be ordered for a set amount of time, or it may have no determined end date, which would make it indefinite. 

To learn more, and see how our Edmonton family lawyers at Verhaeghe Law may be of service in your particular case, contact us today to set up your consultation.

What is Spousal Support?

Spousal support is a regular payment from a higher-earning spouse or adult interdependent partner to a lower-earning spouse or adult interdependent partner following their separation. It is intended to help the lower-earning partner bridge the gap between financial circumstances in light of the relationship’s end, and transition to a financially independent life.

Every relationship is different, and the ways in which couples navigate their financial interdependence may vary vastly. In some cases, one partner may forgo their career in favour of sustaining the children and the matrimonial home while the other partner pursues income. Without spousal support, the non-earning partner may face immense financial hardship following a separation.

In some cases, spouses may set up the terms of spousal support in a separation agreement, which may indicate a period of time in which the higher-earning spouse will provide support to the other. There is no official set period for spousal support, however. If the spouses do not have a mutual agreement, a judge may decide whether spousal support is applicable, and how long it must be paid. 

Considerations for Determining Spousal Support

The court will consider many factors in determining how much spousal or partner support must be paid, and for how long. Spousal support is paid to a lower-earning spouse by a higher-earning spouse. Factors considered in determining whether it is applicable may include:

• How long the parties were married
• Both former spouses’ financial circumstances
• The roles both spouses played during the marriage, e.g., homemaker/primary earner
• Whether the spouses share children
• Whether there are existing orders or agreements for spousal support in place
• And more

For tailored insight into your particular circumstances, contact us to set up a consultation with our Edmonton family lawyers today.

The length of time support must be paid typically depends on how long the spouses were together, and always ends when the recipient passes away. In some cases, spousal support may end earlier. It may end when the payor passes away, unless they leave behind assets such as life insurance or RRSPs, which may continue to pay spousal support. 

Likewise, spousal support may end when the recipient spouse remarries or enters into a new adult interdependent relationship (for more details, read our blog “How Does Getting Remarried Affect Spousal Support Payments in Alberta?”) 

Spousal support orders or agreements may specify events or dates that might trigger an end to payments. Examples include when the payor spouse retires, or when the recipient spouse remarries. 

If no end dates are specified, the spousal support is indefinite. However, even indefinite spousal support in Alberta may be altered, depending on the circumstances.

When Might Spousal Support Be Indefinite?

Sometimes, a judge may order indefinite spousal support as a means of keeping the support open-ended, with the opportunity for the order to be changed or terminated in the future.

According to the federal Spousal Support Advisory Guidelines, there are two main situations in which a court may award indefinite support in Alberta:

• When a marriage or adult interdependent relationship has lasted 20 years or longer (“Rule of 20”)
• When the length of a marriage or adult interdependent relationship, added to the recipient’s age, equals 65 or more (“Rule of 65”)

Both situations consider the age of the recipient, and the difficulty of transitioning to financial independence after a substantial time of interdependence.

How to Change a Spousal Support Order

A spousal support order may be altered or terminated under circumstances that indicate a material change. Examples of such a change include:

• The recipient spouse remarrying or entering a new adult interdependent relationship, in which their financial circumstances change
• The recipient spouse having a change in their own financial status, such as receiving a substantial raise in salary, which may render them self-sufficient
• The payor of support becoming no longer able to sustain a certain level of income, such as due to retirement, injury, or illness

To learn more, including how to change spousal or partner support in Alberta, contact our Edmonton family lawyers today to schedule a consultation.

Contact Our Edmonton Family Lawyers Today for a Consultation

Spousal support can be a challenging aspect to navigate in family law. What may be possible depends on the particulars of your and your former spouse’s circumstances, and may change as time goes on. For a dedicated consultation on what may be possible for you, contact us today to speak with the Edmonton family lawyers at Verhaeghe Law.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

How Do Relocation Rights Work in Alberta for Divorced Couples with Children?

When a couple with children separates, part of the divorce or separation agreement involves setting in place a parenting plan. Fundamental to what to consider when making a parenting plan, parents must settle on where the child or children will live.

Living arrangements may involve the child splitting time between both parents, or living primarily with one while frequently visiting the other, or more. Complications may arise when one of the parents decides to move far enough away that the relocation will affect the parenting schedule. Canadian law has guidelines in place to help clarify how relocation rights work in Alberta for divorced couples with children. 

Working with a legal professional may help ensure you have the information you need to make decisions. Contact our Edmonton family lawyers today to schedule a consultation, and learn how we may be of service in your particular case.

What Counts as a Relocation?

Under the Divorce Act, not every move is considered a relocation. A relocation is a move that renders the parents no longer able to maintain the agreed-upon parenting schedule. For example, if both parents have been living in Alberta, but one moves to New Brunswick, an equally split parenting schedule is likely no longer possible. 

While distance is often a factor, a move even within one city may sometimes be considered a relocation. The defining factor is that the parenting schedule is considerably impacted.

Giving Notice Regarding Relocation

If you are a divorced parent and have a court order that outlines certain parenting responsibilities under the Divorce Act, you are required to give notice regarding your plans to move. Within the notice, you must stipulate what your intentions are regarding where your child will live.

In a move that is not a relocation, such as within the same city, you must let the other parent know the date of your move, your new address, and updated contact information. 

If your move is a relocation, you are required to give the other parent at least 60 days’ notice of your move by filling out the formal Notice of Relocation. This form overviews:

• When you will be moving
• Your new address
• Your new contact information
• Your proposal on how the parenting and contact schedules may be altered in order to support the child in their ongoing relationships with their parents and/or guardians

If you are planning to relocate with your children, anyone who has parenting responsibility for said children has the right to formally object. If an Objection to Relocation has been filed, no one may relocate with the child until the court makes an order allowing the move to occur.

If you have questions regarding whether your move counts as a relocation, or would like support in filing notice and structuring a proposed change to your parenting schedule, contact our Edmonton family lawyers today to discuss your options.

Exceptions to Notice Rules

In circumstances where one parent is afraid for their and their child’s safety, an exception may be made wherein the parent does not need to give notice to the other prior to relocating. Without telling the other parent, you may apply to the court for a change of the notice rules. The court will require evidence of domestic violence, such as calls to emergency services, police reports, and/or photographs.

Following a Notice of Relocation

Under the Divorce Act, parents are expected to continue negotiating in the efforts of coming to an agreement. Considerations may involve whether it may be possible for the moving parent to stall the move until the child is older, or whether the other parent might also relocate to the same place. If the relocating parent is moving in order to live together with a new partner, might it be possible for the new partner to instead move to the parent’s location?

If the relocating parent does move, the parents are encouraged to consider ways in which the parenting time may be rebalanced to represent the previous parenting plan. For instance, the parent who is relocating might receive extra time with the child over summer break, or over holidays, or long weekends.

It can be challenging to come to an agreement with a former spouse. The support of a professional may be invaluable in providing external support through the potentially emotional flows of negotiation. Contact us today to learn more about alternative dispute resolution, and how our Edmonton family lawyers may be able to help.

Contact Our Edmonton Family Lawyers Today for a Consultation

Moving to a new jurisdiction, whether for work or personal reasons, can be a tremendously challenging decision when you share parenting responsibility of a child. As always, the best interests of the child are the priority in Canadian law. This means a relocating parent must adhere to the regulations concerning relocation under the Divorce Act. 

Whether you are a parent who is relocating, or if you are the former spouse of a parent who has told you they plan to relocate, our team of Edmonton family lawyers are here to address your questions and concerns. Contact us today to schedule a consultation and see how we may be of service to you.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

What You Should Know When Getting Married Outside Canada

Most marriages performed legally in another country are valid in Canada, and do not require special registration when you return. However, whether you are planning a destination wedding, or are marrying a foreign national abroad, there are certain things you should know about initiating a marriage overseas.

For information specific to your circumstances, and for insights into how you might best plan for getting married outside Canada, contact our Edmonton family lawyers and schedule a consultation today.

Validating Your Marriage in Canada

In order for your marriage to be recognized within Canada, it must have been legal in the country where the union was established. Ensure that you and your spouse follow the legal requirements of a wedding, including any relevant documentation, as specific to the jurisdiction where you are getting married.

Your marriage must also be legal by Canadian federal law. In Canada, for instance, you are not permitted to marry a close relative by blood or adoption. While some countries allow polygamous marriages, in Canada you cannot legally be married to more than one person at the same time.

One of the most common roadblocks to initiating a legal marriage is the existence of a prior marriage that has not yet been dissolved. A marriage can be ended through annulment, divorce, or death. However, some countries have different laws surrounding the termination of a marriage, which may give you trouble. If you require assistance ending a pre-existing marriage, contact our Edmonton divorce lawyers today.

What If My Marriage Is Not Legal in a Foreign Country?

Countries have different laws surrounding what constitutes a marriage. The requirements for divorce may differ, and a person who may be recognized as single in Canada may still be considered married in another jurisdiction. Likewise, same-sex marriage is legal in Canada, but many countries still do not recognize it.

If you are planning to get married outside Canada as part of a destination wedding, it may be of benefit to ensure your marriage will be legal where it takes place. Alternatively, you may choose to get legally married in Canada and perform the ceremony abroad.

If you hope to sponsor your spouse to Canada, but your marriage is not considered legal where it occurred, you may still be eligible as conjugal or common-law partners. Contact our Edmonton family lawyers today to learn more. 

How Marriage May Affect Citizenship

In some cases, marrying a citizen of another country may give you automatic citizenship in that country. Your Canadian citizenship will not be affected, and you will continue to be recognized as a Canadian citizen when you return. 

Some countries do not recognize dual citizenship, and may not recognize you as a Canadian citizen after your marriage. This may mean the Canadian consulate in that country might not be able to help you should you need aid. In some countries, a spouse may restrict their partner’s ability to travel, and may also prevent you from seeking a separation or divorce.

For considerations specific to spousal sponsorship and other immigration concerns, contact our Edmonton immigration lawyers to set up a dedicated consultation.

Documents You May Need When Getting Married Outside Canada

Local authorities in the country where you are getting married may require you to provide specific documents to prove that you meet the requirements of that jurisdiction. Required may include, in any combination:

• Valid Canadian passport(s)
• Birth certificates
• Marriage search letter(s), as evidence that you are not already married
• A single status affidavit, which is a notarized document certifying that you are single
• Divorce certificate, if either you or your intended spouse have been previously married
• Death certificate for a former spouse, if either you or your intended spouse are widowed
• A certificate of non-impediment to marriage abroad, which confirms there is no objection to your intended marriage
• Premarital blood test certificate
• Statement of parental consent
• And more

Contact the consulate, high commission, or embassy of the country where you will be getting married. They should be able to provide you with a list of requirements specific to being married in that country. 

Contact Our Edmonton Family Lawyers Today for a Consultation

If you are getting married outside Canada, there are specific steps you will need to take in order to ensure your union is recognized. Our Edmonton family lawyers are here to help you navigate the process from beginning to end. Contact us today to schedule your consultation and learn how we may be of service to you.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

How Does Getting Remarried Affect Spousal Support Payments in Alberta?

A marriage or adult interdependent relationship often involves the sharing of finances. In some cases, one partner may fully support the other. If the relationship ends, the dependent partner may need support as they transition into financial self-sufficiency. This is where spousal support may come into play, with a payor spouse providing financial support to their former partner.

If a payor spouse who has been ordered by court or through a divorce or separation agreement fails to meet their spousal support obligations, they may land in legal trouble. Contact our Edmonton family lawyers today to discuss your particular circumstances, and learn more about your rights and obligations regarding spousal support.

What is Spousal Support?

Spousal support is a payment one former spouse makes to the other following their separation. Both the Divorce Act of Canada and the Family Law Act of Alberta outline its objectives as follows:

• To appreciate the economic consequences, both advantages and disadvantages, to each spouse as a result of the relationship ending;
• If there are children involved, to divide financial costs connected with their care, in addition to child support;
• To reduce financial hardship that may have been caused by the relationship’s end; and
• To assist in both spouses becoming financially independent within a reasonable timeframe.

A common example may be where one spouse has been financially supporting the other for a long time. When the partnership ends, the dependent spouse may need to seek further qualifications, such as re-enrolling in school, in order to pursue work. If they have been out of the job market for many years, they may require financial support while they make this transition.

Notably, spousal and partner support is not intended as a punishment, nor a reward. The actions of both spouses, positive or negative, are not taken into consideration when deciding whether or not spousal support is to be granted. The decision is made based on factors such as the length of the relationship, the functions each spouse performed during the relationship, as well as other specific conditions and/or needs of each spouse.

Each circumstance is unique. Contact our Edmonton family lawyers today to discuss what may apply in your case.

When Does Spousal Support End?

In Alberta, there is no set end for spousal support. The unique factors of each case will determine how long spousal support is to be paid. The Spousal Support Guidelines offer that in a relationship with no children, spousal support should go on for between six months to a year for each year that the spouses lived together. If the length of the relationship exceeds 20 years, or if their years of cohabitation plus the recipient’s age exceeds 65, then the payments are indefinite.

If there are children involved, the Spousal Support Guidelines advise the same guidance, with additional provisions for partnerships shorter in length. In a shorter marriage or adult interdependent relationship with children, spousal support may end when the youngest of the children begins or finishes school. There can be a wide range in the timing of spousal support, in which, ideally, the separating spouses will agree. Otherwise, a judge may order a decision based on the particulars of the case.

What Happens to Spousal Support When You Get Remarried?

Spousal support may be varied, or changed, through an application to the court. If there has been a material change in circumstances for the payor or payee spouses, affecting either their ability to pay (in the case of the payor) or their need for support (in the case of the payee), then there may be grounds for terminating spousal support. Remarriage or re-partnering can be an example of a material change in circumstances.

If a payor spouse gets remarried or enters into a new adult interdependent relationship, they are usually still obligated to pay spousal support to their former spouse.

If a payee spouse gets remarried or enters into a new adult interdependent relationship, their eligibility to receive spousal support may be affected. Getting remarried does not automatically end the spousal support - however, upon reevaluation it may be reduced, suspended, or terminated. Decisions are made case by case. Guiding factors typically include the standards of living in this new partnership, the age of the payee spouse, the new spouse’s income, and the likelihood of the payee becoming financially independent.

Contact Our Edmonton Family Lawyers Today for a Consultation

The nuances of spousal support payment can be challenging to understand, especially when one or both of the spouses gets remarried. To learn more about your legal rights and obligations, and see what support may be available to you, contact our Edmonton family lawyers today to schedule a consultation.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

What Is Parental Child Abduction and What Do I Do if This Has Happened to Me in Alberta?

The most common form of child abduction in Canada is committed by a parent or guardian. Even when an abduction poses no physical danger to the child, the emotional and mental toll of the disruption deprives the child of the stability and security they deserve. Depending on circumstances, parental child abduction may be punishable with charges under the Criminal Code.

If you believe your child to be at risk of imminent danger, call the police immediately. You do not need to wait to report a child missing in Canada. To learn how our Edmonton family lawyers may be able to help you if you are facing a situation such as this, contact us today and schedule a consultation. 

What Is Parental Child Abduction?

Parental child abduction happens when one parent takes a child without the consent of the other parent, who holds legal decision-making responsibility (formerly custody). The abducting parent may attempt to take the child out of the province or out of the country. If the child is abducted domestically, in breach of a custody order, the abducting parent may be subject to charges under Canada’s Criminal Code. If the child is abducted internationally, there may be guidance available under the Hague Convention on the Civil Aspects of International Child Abduction.

Prevention of Parental Child Abduction

In a divorce or separation, parents must usually agree on a parenting plan that involves who will hold decision-making responsibility as well as how parenting time will be allocated. It is important to have a clearly written agreement, and for both parties to understand their rights and responsibilities. If one or both parents are not willing or able to collaborate on the parenting plan, the assistance of Edmonton family lawyers may be crucial to making sure the children’s best interests are protected.

A parenting plan should include clear outlines of if/when each parent has access to the child, living arrangements, and decision-making responsibility regarding matters of the child’s healthcare, education, religious upbringing, and more. 

Parental abductions often happen within the context of separation or divorce, where the relationship between the parents is rapidly deteriorating and may be volatile. Where it is safe to do so, try to collaborate with your child’s other parent. If direct collaboration does not work, seeking the support of a licensed counsellor or mediator can be helpful in bridging communication.

The Canadian Centre for Child Protection provides some some additional preventative steps you may wish to take:

• Keep up-to-date information about your child’s other parent, including contact information such as phone numbers and email addresses, where they live, where they work, and the contacts of family or friends.
• Make sure everyone involved in your child’s care (eg. babysitters, daycare, school) understands the arrangements of your parenting plan, including who has legal access to your child at what time.
• If possible, teach your child your phone number and address.
• Teach your child to call 911 in an emergency.
• Teach your child to understand the difference between harmless secrets (eg. a surprise birthday) and harmful secrets (ones that make the child feel uncomfortable or unsafe, and come with threats lest they tell anyone)

If you feel your child’s other parent may attempt to abduct your child out of the country, talk to our Edmonton family lawyers about including international travel conditions in your parenting plan.

Signs of Risk

There is no way to know with absolute certainty whether or not your child’s other parent will attempt an abduction. However, there are signs of risk that have been observed in many parental child abduction cases. These include:

• Previous abduction, or abduction attempts.
• The other parent making threats, direct or indirect, of abducting your child.
• The other parent making threats, direct or indirect, of harming you, your child, or themselves.
• A history of disagreement between yourself and your child’s other parent as to the parenting plan.
• A court decision about which your child’s other parent is unhappy.
• A history of controlling and/or violent behaviour.
• A display of resentment, hostility, and/or violent behaviour towards you and your family.
• The other parent engaging in harrassing, obsessive, and/or stalking behaviour, such as constant phone calls, or showing up unannounced at your child’s school.
• You have reason to believe your child’s other parent may wish to return to another country or province.
• Your child tells you their other parent has mentioned an upcoming move.
• Your child’s other parent is making big life changes, such as selling property and/or quitting their job.
• Your child’s other parent is cutting financial ties to their current place of living, and making arrangements for themselves and your child to travel.
• And more.

If you have questions as to your legal rights, and would like to learn more about how the support of a professional may help, contact our Edmonton family lawyers today.

Immediate Steps if Your Child Has Been Abducted

If you believe your child has been abducted and may be in danger, contact the police immediately by calling 911. 

Tell them:

• If your child’s other parent has made any threats about abduction
• If the other parent has a history of mental illness
• Whether you have reason to suspect they have been taken out of the province or country
• Whether your child has any medical conditions that require regular attention. 

The police will likely ask you to describe your child’s appearance, and provide a custody order as well as the child’s identifying information (birth certificate, passport).

Call and/or text any numbers you have associated with your child and their other parent. Call the other parent’s friends and family. Record any and all information you receive. If you are not able to reach anyone, note when the lack of contact started.

Contact Our Edmonton Family Lawyers Today for a Consultation

Parental child abduction is a deeply traumatizing event. At Verhaeghe Law, our priority is to act in a time-efficient manner to uphold your rights and the rights of your child. Contact us today and schedule a consultation to learn how we might be able to help you.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

What Is the Difference Between Mediation and Collaborative Divorce?

Many divorcing couples turn to alternative dispute resolution (ADR) methods rather than going to court. Popular forms of ADR include mediation and collaborative divorce. Both tend to be cheaper, faster, less adversarial, more flexible, and more private than a court divorce. While mediation and collaborative divorce are similar, there are some key differences. Our Edmonton family lawyers may be able to help you decide if mediation or collaborative divorce is best for your situation.

Mediation

Mediation involves bringing in a specially trained neutral third party, often a lawyer, to help divorcing couples resolve their issues outside of court. A family law mediator strives to facilitate an agreement between opposing parties on the primary issues of separation, which will later be submitted in court.  

A mediator guides couples through such common issues as child support, custody, parenting time, spousal support, and division of assets and debts. While mediators may not provide legal advice, they can help couples understand relevant legal consequences. 

Mediation requires both parties to be willing participants. As the process is voluntary, it may also be terminated at any time. For mediation to be most effective, it is beneficial to have a base level of trust and good faith between the divorcing parties, as they will each be relied upon to provide an honest account of their circumstances, including sharing financial statements. 

Collaborative Divorce

Collaborative divorce is similar to mediation because it is a voluntary negotiation process designed to reach a consensus outside the Court system. However, in a collaborative divorce, rather than facilitation by a neutral third party, couples and their respective lawyers meet as a group to negotiate solutions. Additional experts, such as financial advisors, child psychologists, or coaches, are often included in the process. 

At the outset of collaborative divorce proceedings, each party signs an agreement stating they will do their best to reach an equitable settlement and will not go to court. If an agreement cannot be reached, or if one of the parties breaks the agreement and proceeds to court, each party must retain new counsel. 

Mediation vs Collaborative Divorce 

Mediation and collaborative divorce provide similar benefits to participants. As mentioned, both tend to be faster and less expensive than going to court. Other benefits include:

• As both processes are voluntary, they can be terminated at any time without repercussion other than the time and expense of starting over.  
• The informal setting, compared to court, is often less stressful and allows for more flexibility in finding solutions that work for each family’s unique circumstances. 
• A focus on consensus-building rather than on “winners” and “losers” minimizes conflict in family relationships and is good practice for future problem-solving, especially where children are involved. 
• Both processes are confidential, encouraging both parties to be more open and honest than they might be in a court setting. 

Mediation can be more flexible than collaborative divorce as there are typically fewer participants to accommodate. This can also make the process more efficient and less expensive – especially with fewer professionals to compensate. Collaborative divorce lawyers often belong to a collective group with rules and protocols that can limit what might be possible. 

Collaborative divorce may be more suited to those who prefer the individual guidance of a lawyer looking out for their best interests throughout the negotiation process. This can be especially helpful when a pre-existing power imbalance in a relationship undermines the confidence of one party to advocate for themselves, or if there are complex issues that require expert guidance. 

The primary drawback of collaborative divorce is that if it doesn’t work, you must start over with new counsel, causing additional expenses and delays. Similarly, if your mediator is not a litigator and the process fails, you must do the same. 

Contact Our Edmonton Family Lawyers Today for a Consultation

If you are considering a separation or divorce or need legal assistance on a family law matter, our Edmonton family lawyers would be happy to address your questions and help you understand your options. Contact us today to schedule a consultation and see how our family lawyers may be able to help you.

* Please note that the information in this article is not intended as legal advice but rather as a general overview of family law. If you are seeking legal advice, please consult with a lawyer.

Can a Married Person Still Be an Adult Interdependent Partner?

Under Alberta’s Adult Interdependent Relations Act, an adult interdependent relationship (formerly known as a common law relationship) exists when two unmarried people live together and share in each other’s lives as a married couple would for at least three uninterrupted years. Couples can also be considered adult interdependent partners (AIP) if they have a child or have entered into a partner agreement. Upon separation, AIPs have the same rights and obligations as married spouses.

But what happens if one of the partners is still legally married to someone else? A recent Court of Queen’s Bench of Alberta decision, Mitchell v. Reykdal, 2021, explored whether a married person could be an AIP to someone other than their spouse. 

Whether you are seeking legal assistance with a divorce or separation, or would like to discuss your questions or concerns, contact our Edmonton family lawyers today to schedule a consultation.

An Overview of Mitchell v. Reykdal

David Reykdal (“David”) led a double life, deceiving two families for almost two decades. One family comprised his wife, Diane, and their three sons. Throughout his marriage to Diane, he also conducted a 17-year relationship with Gwen, who had a daughter from a previous relationship. David could live this double life due to his job as an oil and gas industry worker, which regularly took him away from home for weeks at a time.

When David and Gwen eventually separated, she filed a Statement of Claim seeking partner support and other damages. After consulting with counsel, it was revealed that David was still married and had lied to her about divorcing Diane. Gwen knew that he had gone away to see his sons but did not know that he was returning to the family home.

Despite the deceitful nature, the Court chose not to focus on the morality of the case but rather on whether Gwen could be considered an AIP and, if so, to what level of support she was entitled. It ultimately came down to the Court’s definition of “living with” in section 5 of the Act, which states, “A married person cannot become an adult interdependent partner while living with their spouse.”

At trial, David attempted to characterize Gwen as his mistress. However, the Court found David to be in an interdependent relationship with Gwen, despite his ongoing marriage to Diane, based on factors that included:

• They were engaged for years and lived together in multiple homes of increasing value in which they shared a bedroom and were routinely intimate. 
• They shared a vacation home, which they frequently visited as a couple and with friends. 
• David was home most evenings with Gwen and participated in her extended family events, including acting as a pallbearer at her father’s funeral. He was referred to as Dad and Grandfather by Gwen’s daughter and grandchildren, with whom he cultivated close personal relationships over many years.
• They shared a joint bank account and other business and financial partnerships.

Upon the finding, the Court determined that Gwen was entitled to AIP support. 

Contact Our Edmonton Family Lawyers Today for a Consultation

If you are considering separation or divorce, our Edmonton family lawyers may be able to help you understand your options. Contact us today for more information and to schedule a consultation.

* Please note that the information in this article is not intended as legal advice but rather as a general overview of family law. If you are seeking legal advice, please consult with a lawyer.

What is a Narcissistic Ex?

When relationships break down, it is common for partners to view their exes through a lens of pain, anger, and disappointment. Someone that once was a trusted partner might suddenly appear selfish, uncaring, and even malicious. Separation and divorce often trigger fears and insecurities, eliciting bad behaviour from both partners. As a result, partners undergoing a breakup or divorce often find themselves locked in contentious struggles with one another, especially in the early stages of separation.

But sometimes, an ex’s bad behaviour is far more extreme than what would typically be considered reasonable. Their selfish personality and lack of concern for others may have even been a factor that led to the breakup. Dealing with narcissists can be frightening, especially in the context of a divorce or separation. Their exaggerated sense of self-importance and inability to consider the perspective of others can alienate and even traumatize a narcissist’s former spouse. Psychologists measure narcissism on a spectrum. While many individual people have self-centred personality traits, their tendencies may not constitute a narcissistic personality disorder.

Narcissistic Personality Disorder

Narcissistic personality disorders are rare, affecting only an estimated 1% of the population. Pathological narcissism is commonly characterized by the following traits:

• An excessive need for attention and admiration
• An inflated sense of self-importance and entitlement
• An exaggeration of achievements and talents 
• An expectation to be recognized as superior
• A lack of empathy for others (e.g., looking down on those they deem inferior)
• A preoccupation with fantasies of success, power, and perfection
• An openness to manipulating others to get what they want

A person with a narcissistic personality disorder is typically very sensitive to perceived slights or criticism. They often:

• Have difficulty regulating negative emotions
• React with rage or contempt if they feel they are treated without the proper respect
• Tend to belittle others to make themselves seem superior
• Secretly struggle with shame and insecurity

Narcissists tend to see things as binary (for example, as either good or bad) without room for nuance.  They often see themselves as victims to justify their own bad behaviour. Narcissists can be manipulative and might use threats to get their way. They may employ gaslighting, causing the people closest to them to question their own beliefs or perceptions.

What Can You Do if Your Ex is a Narcissist

Navigating a breakup with a narcissist can be very challenging, especially if financial complexities or children are involved. Arguing can feel futile, as a narcissist will often twist things to prove they are right, even if their claims are not grounded in fact. 

If you suspect your ex is a narcissist, the best course of action is to establish healthy boundaries and distance yourself emotionally. Seeking the support of a counselor with expertise in narcissistic relationships may help you move on emotionally. In addition, understanding your legal rights may help you take the necessary steps to protect yourself and your family from a narcissistic ex.

Contact Verhaeghe Family Lawyers Today

If you are considering separation or divorce, our Edmonton family lawyers may be able to help you understand your options. Contact us today for more information and to schedule a consultation.

* Please note that the information in this article is not intended as legal advice but rather as a general overview of family law. If you are seeking legal advice, please consult with a lawyer.

Alberta Court of Appeal Reconsiders Smolis-Hunt Imputation of Income Test

In a recent decision in the Alberta Court of Appeal (ABCA), The Honourable Justice Pentelechuk drew on case law from jurisdictions across Canada to reconsider the court’s approach to matters of income imputation in child support law. 

This decision comes on the heels of years of debate regarding the interpretation of Federal Child Support Guidelines in Alberta, and is welcomed by many of the province’s practitioners of family law.

Child Support in Alberta

In Alberta, child support regulations are geared to provide the children of separating or divorcing couples with a fair standard of living. Both parents are financially responsible for their children, whatever the custody arrangements. In circumstances where one parent has full custody of the children, the caregiving parent is considered to be providing child support in the form of day-to-day expenses. The other parent, in turn, owes a monthly payment.

The amount the payor parent owes in child support is calculated based on their declared income in Line 150 on their tax return. Ideally, this is an accurate representation of the parent’s financial circumstances. However, in some cases, the accuracy of that amount may come into question.

If a court determines that “a spouse is intentionally under-employed or unemployed,” as stipulated under section 19(1) of the Federal Child Support Guidelines, then it may attribute, or “impute,” a certain amount of income to the payor parent. The imputed amount is based on the parent’s earning capacity, rather than their declared income. This parent may then be required to pay child support based on the imputed income amount.

The interpretation of “intentionally under-employed or unemployed” varies across Canadian jurisdictions. Most provinces interpret this guideline under a reasonableness standard, which allows for flexibility in determining whether or not to impute income.

In Alberta, the interpretation has been more stringent, requiring evidence that the payor parent deliberately chose to become or remain “under-employed or unemployed” for the purpose of avoiding child support payments. The discrepancy between the provinces’ interpretations of this guideline have been the source of debate.

The Smolis-Hunt Imputation of Income Test

The landmark case on imputation of income in Alberta was Smolis-Hunt in 2001. In this case, the payor parent was the father, who, following the divorce, continued working in an unsuccessful legal practice that yielded no substantial prospect of improvement. The trial judge imputed income to him, in accordance with the above-mentioned guideline 19(1)(a).

The payor-father appealed this decision, requesting a recalculation of the amount he owed. His appeal was granted on the grounds that he did not deliberately seek to evade child support by choosing to continue with a line of work less lucrative than his earning potential. With this, Alberta courts established an interpretation that required proof of “deliberate evasion” in order to provide grounds to impute income.

The Problem With Deliberate Evasion

Several problems have been highlighted with the Smolis-Hunt test. The recipient parent bears the burden of proof that the payor parent is deliberately choosing to minimize their income in order to avoid child support. Intent is a subjective notion, and can be challenging to prove. A payor parent may take on a less lucrative career in search of self-fulfillment, for instance. Their financial decisions may not be directly tied to their children - yet the children may nonetheless feel the impacts of those decisions.

Peters v Atchooay: A Test of Reasonableness

In 2022, another case involving a payor-father applying to retroactively reduce his imputed child support obligations came before the Alberta Court of Appeal. Drawing on other provinces’ interpretations of section 19(1) of the Federal Child Support Guidelines, The Honourable Justice Pentelechuk decided in favour of the mother’s appeal that the imputed income stand. 

This decision was made based on a test of reasonableness, meaning that instead of requiring evidence of the payor’s deliberate evasion of child support, the court considered whether his employment choices were made within a reasonable framework.

A parent is not required to maximize their income at the expense of self-actualization. However, as Hon. Justice Pentelechuk underlined in the case summary for Peters v Atchooay, “[a] parent’s personal goals and life-style choices do not take priority over their obligation to financially support their children.” There is leeway within a payor-parent’s responsibilities, and the court may deem a range of employment options as reasonable when the question of imputation arises. Ultimately, it is the well-being of the child that takes primacy.

Contact Verhaeghe Family Lawyers Today

If you have questions or require support regarding a child support matter, reach out to our Alberta family lawyers today to discuss the specifics of your case. Contact us online or by phone to schedule a consultation and see how we may be of service to you.

* Please note, the information in this article does not constitute legal advice. It is intended as a general overview of an area of family law. For legal advice, please consult with a lawyer.