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So far Vogel LLP has created 281 blog entries.

What is “Top Up” Child Support?

After the breakdown of a relationship in which Partner A has children from a previous relationship for whom they receive child support, many might be surprised to learn that Partner B (step-parents, adoptive parents, and those who are found to be “standing in the place of a parent (in loco parentis)) might also [...]

2020-06-29T11:14:51-06:00July 2nd, 2020|

Show Me the Money: Costs Enforcement in Family Law

Following a family law trial, a lawyer has the opportunity to make submissions with respect to costs. A costs award is a court order for one party to pay the other party a prescribed amount of money, usually to account for a portion of the expenses of litigation. The Supreme Court of Canada [...]

2020-06-29T08:30:25-06:00June 29th, 2020|

Is My Personal Injury Settlement Matrimonial Property?

The Matrimonial Property Act and the newly implemented Family Property Act both provide that damages paid to one spouse as a result of a “tort” are exempted from distribution in the division of matrimonial property, so long as those damages were not compensation for a loss to both spouses.  A tort, very simply, [...]

2020-06-25T11:13:22-06:00June 25th, 2020|

Don’t Disclose at Your Peril

In the recent decision of Janiten v Moran, the Alberta Court of Appeal has made it clear that there are serious consequences for failing to make prompt and complete financial disclosure in family law matters. In Moran, the Mother had two orders for retroactive and ongoing child support where the Father’s income had [...]

2020-06-18T12:20:34-06:00June 22nd, 2020|

Tips for the Initial Consult

Initial consults can be very helpful for both lawyers and clients, even on what may be thought of as a “simple” matter. The initial consult is a good starting point to set the stage for what a client’s needs are and what a lawyer’s “ground rules” may be. It is at the initial [...]

2020-06-16T08:19:42-06:00June 18th, 2020|

You’ve Decided You Want To Adopt Your Spouse’s Child… Now What?

Once you and your family have made the important decision that you are ready to adopt your stepchild, what comes next?   If you are considering adopting your spouse’s child, you will no doubt have many questions about the process and criteria.  How will you know if the Court will grant your application to [...]

2020-06-12T12:16:29-06:00June 15th, 2020|

Loss of Consortium

When parties are involved in a collision and are seeking compensation, they are often too shy to mention the impact the collision has had on their marriage. A term that parties involved in a claim for damages should become familiar with is loss of consortium. Loss of consortium refers to the deprivation of [...]

2020-06-11T15:30:34-06:00June 11th, 2020|

Solicitor-Client Privilege – You Can’t Have Your Cake and Eat it Too

Solicitor-client privilege is a principle of fundamental justice - individuals must be able to communicate with their lawyers candidly and with the understanding that their lawyer may not disclose that information to anyone. Privilege attaches to all communications between a lawyer and their client during the course of seeking or giving legal advice [...]

2020-06-04T14:07:38-06:00June 8th, 2020|

Show Me the Money: Financial Disclosure Obligations for the Self-Employed

The Federal Child Support Guidelines (FCSG) establishes the financial disclosure required by parties to determine monthly child support payments after separation. Under the FCSG, additional disclosure is mandated for an individual who is self-employed. Specifically, section 21(d) states a self-employed individual must provide: (d) … for the three most recent taxation years (i) [...]

2020-06-01T14:32:56-06:00June 4th, 2020|
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