Profile cover photo
Profile photo
Kirk Montoute LLP
About
Posts

Post has attachment
Divorce mediation could help sort out financial issues:
Money issues. They often don't leave a couple alone even after they've divorced, especially if they have children. But many problems surrounding a divorcing couple's finances may be ironed out using the divorce mediation process. There are ways in Canada to solve contentious issues during divorce, and mediation is one of them. A mediator helps with issues like child custody and child support, and finances are always a part of that scenario. A mediator can help a couple iron out those details before they become problematic. Sometimes, it's the extras that cause tempers to flare -- like who is going to pay for summer camp or who is going to buy school clothes or pay for the braces on a child's teeth. These things vary for each couple, and who earns what plays into the decisions.
Even as children grow, their needs have to be met, and they usually need parental help to pay for post-secondary education or for buying their first car or paying for a cell phone. Even when they're responsible, older children usually need some financial help from mom and dad. When divorced parents talk about these things and make the conscious decision to put their children first, the financial picture usually gets framed positively, especially at the onset. There are many lawyers in Canada who assist in divorce mediation. A couple is divorcing for a reason, so the two individuals may need some assistance in making decisions regarding things like finances. It is so much better to iron out these issues with some help, rather than heading to court where any control over decisions is out of the couple's hands.
http://bit.ly/2RHeRDg
Add a comment...

Post has attachment
Family law process: Bankruptcy and divorce in Canada:
Even those people who are ordered to pay child and/or spousal support aren't off the hook for those payments if they declare bankruptcy. In Canada, the family law process is closing aligned to the laws that govern bankruptcy. One can't hide behind bankruptcy laws to avoid financial obligations, especially where children are concerned. If back support payments are owed to a former spouse or children, a claim can be launched with the court. In Canada, a person's net income can be lowered by deducting support payments, which would lower any income payments in the event of a bankruptcy. When bankruptcy is declared makes a big difference. If a divorce is finalized before bankruptcy is declared, assets can go to a former spouse as dictated by a family court order or legal separation prior to the filing. As such, these assets are not part of the bankruptcy filing and safe from creditors.
As for joint debts, creditors are free to go after the former spouse who did not declare bankruptcy since he or she is still partly responsible for that debt. That includes any credit cards that were held jointly. A separated or divorced couple can, however, still file for joint bankruptcy. There are many issues that figure into the family law process, bankruptcy issues being only one. A family law lawyer in Canada would be able to help his or her clients in any areas that potentially could be affected by a divorce. A lawyer may be able to help a client to come up with solutions to problems that may go hand in hand with divorce such as those associated with finances.
http://bit.ly/2RsjaCa
Add a comment...

Post has attachment
Nigel Montoute is speaking Wednesday night at the Families and the Law: Child, Partner, and Spousal Support Seminar presented by Calgary Legal Guidance and Calgary Public Library.

Presentation starts at 6:00 pm at the new Central Public Library (800 3 Street SE) in Room 3-10B (Level 3).

This workshop explains the law and the terms of financial support when a relationship ends in Alberta, for people who were legally married and people who lived in a common-law relationship. http://bit.ly/2aXEiZT
Add a comment...

Post has attachment
Alberta family law: Calculating the correct child support payment:
When a couple with children splits up, there may be questions from each regarding child support -- who pays and how much. Family law in Alberta has succinct rules regarding how child support payments should be calculated. Who pays depends a lot on the custody arrangement and how much income each parent generates. Usually, the one who earns the most is the payor. Essentially, who the children spend most of their time with will be the payee. Once the paying parent knows his or her gross income, he or she can use the Child Support Look Up Table in Alberta to come to a support figure by using the online calculator. To use the calculator, the paying parent enters his or her annual income before taxes, enters how many children are involved, selects the province in which he or she lives and then clicks on the look up button. The monthly payment will appear in blue.
The federal government fashioned child support payment guidelines that are administered by each province. The calculator follows those guidelines. It gives both parents an indication of what the law considers to be a fair payment, keeping in line with the best interests of the children. The calculator also figures out what each parent should be paying if parenting is shared, but it is still the higher income earner who usually pays more. There are many areas which can be confusing when it comes to child support. An Alberta lawyer is in a position to enlighten his or her clients regarding those areas that may seem unclear. A lawyer can also explain calculating other expenses for children such as extracurricular activities, extra health care costs and child care costs.
http://bit.ly/2RoQ86F
Add a comment...

Post has attachment
Alberta bill tackles property rights issues of common law couples:
A part of Alberta legislation that speaks to common law couples who have split is getting an overhaul. The new bill has the stamp of approval of Alberta's lawyers who say the law regarding property division and property rights among common law couples who separate, as it currently stands, isn't comprehensive enough. Bill 28, which will be renamed the Family Property Act from the Matrimonial Property Act, will also include adult interdependent partners (aka common law partners). The bill, which passed third reading in the Alberta legislature recently, will become law on Jan. 1, 2020. The Alberta Law Reform Institute (ALRI) had been lobbying the government for quite some time to secure this change since common law couples had very little to guide them. This law will bring a cohesiveness to how property is divided when common law partners break up.
There are about 300,000 Albertans in common law unions. They will now have some idea as to what would happen to their property should they ever separate. They can continue in their relationships and allow the law to step in should they separate or they can write their own cohabitation agreements, spelling out what should happen if they separate. An Alberta lawyer will now be able to provide his or her clients with clarity regarding property rights of common law couples. He or she can also help a client to draft a cohabitation agreement outlining the particulars of who should get what in a break up situation. In any case, a lawyer can shed light on how the law looks at those who are living together in a domestic partnership.
http://bit.ly/2RhzUvU
Add a comment...

Post has attachment
Family law: Some changes to Divorce Act should be more concise:
Most of the changes to the Divorce Act have been applauded. There are still 45 proposed changes recommended to the Act, which oversee family law rules, most of which centre around the best interests of the child. The Act also clarifies many issues using plain language that most Alberta residents, and all Canadians, can understand. Best interests of the child include such things that pertain to their security, well-being and safety. Encouraging the use of alternative ways of settling issues such as mediation is also mentioned within the Act. Although the Act does take into consideration the best interests of the child, some in the legal profession say some revisions are necessary to make rules even more effective.
When it comes to the issue of violence in the family, those in the legal profession say the Divorce Act needs to be more clear in reference to the physical, psychological and emotional safety of children along with their security and well-being. They also say that it is incumbent upon the adults in children's lives to protect them from being exposed to violence. Experts want the assessment of a child's situation to take into account whether violence has been present. If there are any areas of the law that seem unclear when it comes to children's rights and their best interests, an Alberta family law lawyer can provide clarification. A lawyer can explain various sections of the Divorce Act to his or her clients if questions arise regarding the best interests of a child. Family laws can be complex and may be difficult for some to understand without explanation.
http://bit.ly/2LGLdYz
Add a comment...

Post has attachment
Family law: Are divorce payouts taxable?:
Divorce settlements can be tricky things when it comes to taxes. In Canada, family law governs divorce issues, but it's the tax man, also known as Revenue Canada, that makes the rules regarding the money that comes from a divorce settlement. It all depends on how the money is or has been paid out. When it comes to property, cash given for a matrimonial home is neither taxable nor tax deductible. Support funds made in entirely one payment are also neither taxable nor tax deductible. Whatever the couple agrees to should be formally written into a separation agreement that should be looked over by each party's independent legal counsel.
A legal separation agreement will stipulate such areas as safe from taxation and which aren't. Provinces and territories have their own laws when it comes to dividing marital or family property or the equalization of it. Not all provinces have the same laws, so contacting a lawyer will help to clarify what is what when it comes to the division of assets and whether tax rules apply. A family law lawyer in Canada is well aware of the legalities that accompany divorce issues such as separation agreements and the taxation of settlement funds. A lawyer can help his or her client to understand the complex details of any divorce documents including a those regarding any divorce settlement such as a separation agreement. It is important to understand the workings of such documents since they help people to continue on living separate lives. A lawyer may also be able to refer a client to others in a position to help such as a divorce financial analyst.
http://bit.ly/2LBCfvF
Add a comment...

Post has attachment
Avoiding a possible family law dispute by communicating honestly:
People head over heels in love may have unrealistic expectations of what marriage really means. To avoid any kind of possible family law dispute that may come with divorce, engaged Alberta couples might want to ask themselves a few questions before making the walk down the aisle. Being on the same page in regard to important life decisions is crucial for a happy marriage. What couples fight about most, it seems, has to do with finances. So, talking about how each feels about financial planning is important. If a prospective partner is reluctant to divulge his or her financial business to his or her potential spouse, there should be some hard-hitting questions asked. A couple has to be on the same page regarding financial goals.
Each person in the relationship needs to know that the other will be there should something unforeseen happen. When a couple works in tandem, they can usually overcome the majority of problems together. Communication around parenting styles -- if children are on the radar -- as well as who takes care of what at home, should happen before tying the knot. Both people should have relatively the same expectations of the marriage. Even when Alberta couples do prepare themselves, sometimes a marriage just doesn't work. Individuals who find themselves embroiled in a family law dispute regarding a divorce, child custody and/or support or spousal support may benefit from legal advice. There are ways to settle these types of disputes, especially with the guidance of an experienced family law lawyer.
http://bit.ly/2BAz2Yw
Add a comment...

Post has attachment
Nigel Montoute is speaking Wednesday at the Families and the Law: Child Custody and Parenting Seminar put on by Calgary Legal Guidance and Calgary Public Library. Presentation starts Wednesday night at 6:00 pm at the New Central Public Library (800 3 Street SE - Room 3-10B).

This workshop explains the law and arrangements for children when a relationship ends in Alberta. Topics include: custody, guardianship and parenting agreements or orders, the courts, and travelling and moving with children. http://bit.ly/2b0T804
Add a comment...

Post has attachment
Family law: First Christmas after divorce doesn't have to be sad:
Christmas is a joyful time spent in the love of family and friends. But when there is a feeling of loss, as there may be when it comes to divorce, the holidays can be a particularly painful time. There are tools under the family law umbrella in Canada that may help families in these situations. Kids are especially affected and there are a number of things parents can do to make it easier for everyone. The family dynamic has changed, but parents can assure their children that they will have the love of both their parents, even though they may not be living under the same roof. It is not uncommon for kids to be sad the first Christmas after their parents have separated or divorced. It's important to allow them to express that sadness so they can move past it. If both parents aren't present for Christmas dinner, acknowledging the absence in a positive way will help the children to accept that. Whatever plans the parents have worked out should be in the best interests of their children.
Children need to be involved in their own fates, so telling them when they will be with each parent may give them some peace of mind. If children are involved in making new traditions, they may actually view the holiday as being much more fun. The more involved children can be, the better. Documents like a parenting plan can help outline what should happen around the holidays. A family law lawyer in Canada would be able to offer advice on such legal documents that often accompany separation or divorce. It's best to have things ironed out rather than trying to make decisions at the last minute. With some planning, there is a strong possibility that the first Christmas after the end of a marriage could be harmonious, rather than fraught with anxiety.
http://bit.ly/2EcMOEp
Add a comment...
Wait while more posts are being loaded