Calgary Child Support Guidelines Lawyers lawyers at MacLean Law’s Top Choice Top Rated Vancouver and Calgary family Lawyers were interested to read a recent decision from the Alberta Court of Appeal that spoke of respect to be given to agreements entered into for child support. You can reach our Top Choice Top Rated Calgary family lawyers at 403-444-5503 to meet with us in downtown Calgary.
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In today’s blog Lorne N. MacLean, QC founder of our team of our experienced team of Calgary Child Support Guidelines Lawyers explains the decision in Masson v Twerd, 2017 ABCA 294 (CanLII). The Alberta Court of Appeal upheld a trial judge’s decision to not vary a child support agreement prepared by the husband and without independent legal advice to either of the husband or the wife. The court said agreements –even on child support– are entitled to respect by the Courts.
Calgary Child Support Guidelines Lawyers 403-444-5503
This approach seems to be reasonable if the agreement is close to or perhaps exceeds the calgary child support guidelines amount. It also helps if a large lump sum payment, unequal division of matrimonial property or higher than normal spousal support is agreed to by the parties. Low ball agreements by uninformed parents are not likely to be respected by any court as child support is the right of the child and our top rated Calgary Child Support Guidelines Lawyers know parents cannot bargain their child support rights away. Contact our Calgary Family Lawyers today at 403-444-5503 to ensure a fair Calgary child support settlement is reached.
Calgary Child Support Guidelines Lawyers 403-444-5503
[27] It is clear from the court’s conclusions in DBS v SRG, 2006 SCC 37 (CanLII), [2006] 2 SCR 231 that what is reasonable in terms of child support will generally be determined with reference to the child support guidelines. However, the existence of an agreement between the parties should still be accorded weight, dependent upon the circumstances. In that sense, the principles articulated in Miglin are relevant to a consideration of a separation agreement that provides for the support of the parties’ children.
[28] The court in DBS stated the following in that respect at paras 77-78:
77 The fact that we are dealing with children must remain of primary significance in a court’s analysis. Thus in the Divorce Act, Parliament has provided that a court may depart from the Guidelines if both parents consent, but only “if it is satisfied that reasonable arrangements have been made for the support of the child to whom the order relates”: s. 15.1(7). What is “reasonable” will be determined with reference to the Guidelines: s. 15.1(8). Because of this, a payor parent who adheres to a separation agreement that has not been endorsed by a court should not have the same expectation that (s)he is fulfilling his/her legal obligations as does a payor parent acting pursuant to a court order.
Calgary Child Support Guidelines Lawyers Explain Impact Of Support Agreements
78 In most circumstances, however, agreements reached by the parents should be given considerable weight. In so doing, courts should recognize that these agreements were likely considered holistically by the parents, such that a smaller amount of child support may be explained by a larger amount of spousal support for the custodial parent. Therefore, it is often unwise for courts to disrupt the equilibrium achieved by parents. However, as is the case with court orders, where circumstances have changed (or were never as they first appeared) and the actual support obligations of the payor parent have not been met, courts may order a retroactive award so long as the applicable statutory regime permits it: compare C. (S.E.) v. G. (D.C.) (2003), 43 R.F.L. (5th) 41, 2003 BCSC 896 (CanLII).
Calgary Child Support Guidelines Lawyers Explain Trial Decision Upheld As Support Not Far Off Agreement Amount
[29] Had the chambers judge considered the change in income relative to the question of arrears, the chambers judge would have arrived at the same conclusion because the child support amounts payable retroactively under the guidelines would have been slightly greater than those payable pursuant to the terms of the 2010 agreement. That is because the appellant, in seeking to avoid the terms of the 2010 agreement, relies on the reduction in his income beginning in 2014 but ignores the significant increase in his income in 2012 and 2013 during which years the appellant failed to meet his statutory obligations. In addition, there is no evidence to confirm whether the appellant’s stated income of $100,000 was accurate in 2010 or if it changed in 2011 either upward or downward.
[30] Accordingly, while the chambers judge did not articulate his reasons as fully as he might have for enforcing the 2010 agreement as it related to the child support arrears, his decision to do so was consistent with the child support guidelines and discloses no error warranting appellate intervention.
If you live in Calgary, Alberta have children, you are separating and you want to know what a fair amount of child support is why not meet with us to ensure the proper basic amount and a correct amount of special and extraordinary expenses is obtained. If matters have changed, do not delay in obtaining a correction to the support amount you have been paying so it is either increased or reduced to the proper amount.
