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Author: mchartrand

Hurdles to Undue Hardship

The Province has fallen on hard economic times, which has, for many, reduced cash flow for the purpose of child support. Payor parents who have lost their jobs may apply for a variation in child support, but financial hardship may continue for those fortunate enough to retain their current employment. A higher income earner may continue to prosper according to his or her Line 150 income (the number courts often rely upon in calculating support), but other obligations for that parent may hinder the ability to continue monthly support payments, in light of the current economic climate. Continue reading

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Author: aweis

Alternative Dispute Resolution – Another Way Forward

The traditional approach to Family Law has favoured an adversarial practice with the engagement of the Court system. While there are certainly situations when this is appropriate to provide a resolution to the parties, there are often other approaches that are better able to deal with the breakdown of the family in a way that does not involve the Courts or traditional litigation. Continue reading

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Author: chug

How is my severance going to fit into all of this? A question of income or property

Family law is filled with items that cause confusion to people as they go through their separation. One reason for this is the misunderstanding that because something gets a certain treatment under the Income Tax Act, that it will receive the same treatment under family law. This is not always or even often the case. One of these items is severance. While treated as income under tax legislation, severance monies may be treated as property in the breakdown of a relationship. If severance is treated as property, it then becomes become divisible under the Matrimonial Property Act. Continue reading

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Author: dtaylor

Emergency Protection Orders (“EPO”): Know Your Rights

Have you been served with an Emergency Protection Order or do you think that you require an Emergency Protection Order? Emergency Protection Orders (EPOs) can be issued pursuant to the Protection Against Family Violence Act RSA 2000 c P-27 (“the Act”). Pursuant to this Act, an EPO can be granted by a Judge of the Provincial Court or a Justice of the Peace, on an Application without notice to the Respondent, if the Judge or Justice of the Peace determines: Continue reading

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Author: mchartrand

The Red Flag in Family Law Proceedings

Understandably, it is not uncommon for separating couples to push each other’s buttons.  In many cases, mild to moderate conflict subsides over time, and as long as children are not exposed to that conflict, families generally overcome the challenges of separation. Continue reading

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