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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 10-10-2005, 10:05 PM
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Two non-custodial parents are before the Supreme Court in an effort to have an Alberta Family Court decision overturned. Here's part of whats at issue, as I understand it. The non-custodial parents are making child support payments as required based on their income and in accordance with the Federal Guidelines. Same have since re-married. The custodial parents have in turn successfully argued in Alberta that the child support, based on income should increase based on the fact that the non-custodial parent's new spouse(s) are employed which in theory increases the non-custodial parent's income. Also, because same re-married years ago, they have been ordered to make retoractive payments. Now, if the custodial parent inherits a large sum, wins the lottery, or re-marries it in no way lowers what the non-custodial parent is obligated to pay. This Alberta ruling seems a little unfair and I hope the Supreme Court agrees. What do you know about this ?
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Old 10-10-2005, 10:35 PM
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Hi John,

I haven't heard of this - do you know the name of the case? The result certainly seems odd to me.
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Old 10-10-2005, 10:39 PM
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My understanding was that unless a case of undohardship, only the income of the spouse is included. Had a bit of this argument (short-lived) during my divorce. Interesting!
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Old 10-10-2005, 11:37 PM
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Thanks Jeff

I don't know the names. The story was called 'Adequate Support'. It was actually about four Alberta fathers and reported in the Toronto Star and on evening news this August 18 past. I have a copy from Pulse 24.com which describes the scenerio including the part I mentioned "some lawyers argue that as a person's situation changes -they make more money annually, or they remarry - the amount they provide for their children should change". The report went on to state "that mean's anyone who's been paying child support under a court order or separation agreement made within the last fifteen years may have to make back payments"

(?)

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Old 10-10-2005, 11:46 PM
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John, I think that this is what you're referring to:
http://www.canadiancrc.com/articles/...ns_19AUG05.htm
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Old 10-11-2005, 12:04 AM
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That would be it, except unlike the printed version I saved from another news source, there was no mention of the re-marry issue.
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