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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-18-2017, 10:03 PM
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Default Appeal Court: Allowable deductions CS - Onus of proof is on claimant

Recent Alberta Court of Appeal decision allowing appeal -

Father (lawyer now living in Ontario, re-partnered, claiming undue hardship) stated he followed proper financial disclosure. yayayaya.

para 26 "...a parent challenging the reasonableness of the corporate or business expenses is not legally required to first establish a prima facie case that such expenses are unreasonable before disclosure becomes necessary. Simply put, in matters concerning child support, the required disclosure arises at the outset and continues to be the obligation of the disclosing parent throughout the duration of all child support proceedings..."

http://www.canlii.org/en/ab/abca/doc...2017abca4.html

para 31 "...Moreover, the respondent’s proposition that the expenses claimed have been approved for income tax purposes and should thereby be found to be reasonable is neither persuasive, nor is it the test for analyzing those expenses when calculating Guideline income for child support purposes..."

para 35 "...Simply put, parties ought not to be put to time-wasting, money-draining line-by-line justifications of every dollar that has been spent. In keeping with the foundational rules, pre-trial disclosure must not become a process that wholly consumes the very parental resources that otherwise would be available for child support..."

Good that the mother appealed the father's "razzle dazzle"... good the appeal was allowed.
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Old 01-18-2017, 10:38 PM
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Thank you for posting these recent case law decisions.
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