Calgary Interim Child Support Lawyers handle cases of spousal and child support that occur after separation and before trial of a Calgary family law trial. Trials often take months to be heard after separation due to the fact the Calgary family law courts are backlogged with work. Spouses and children have urgent financial needs that need to be met in the interim period. Calgary Interim Child Support Lawyers present evidence by way of type written affidavits and the spouses can be cross examined on income and expenses. In today’s blog Lorne MacLean, QC (who recently obtained one of Canada’s highest interim support awards of $90,000 a month!) explains how Calgary interim support works. Lorne MacLean QC one of Canada’s most experienced family lawyers handles select high net worth family law cases in Calgary including appeals.
Calgary Interim Child Support Lawyers – Interim Awards Rough and Ready Justice
These interim Calgary support Orders are temporary and are often based on incomplete evidence. MacLean Law’s top rated Calgary Interim Child Support Lawyers kow these Orders are rough and ready justice and the amounts can be corrected by the Trial Judge who hears and sees the spouses and experts on income at the trial. Calgary Interim Child Support Lawyers suggest always getting the earliest possible trial date so you have a end point to settle matters or have the Judge decide it for you.
Calgary Interim Child Support Lawyers 403-444-5503
In the recent case of GRAHAM v GRAHAM the Alberta Court of appeal:
- dismissed a husband’s appeal from an interim support order,
- urged him to obtain a trial date if he was unhappy with the interim support and
- found no error by the judge for imputed income when the high income husband had been less than forthcoming on his finances.
Here is exactly what they did:
[12] In a very brief oral decision the chambers judge ordered interim child support pending a Family Law Special. He looked at the father’s 2013 and 2015 income tax returns and suggested $500,000 was a rough average and directed that $400,000 be the father’s imputed income on a go forward basis subject to further review. He held that the children were still children of the marriage for the immediate future. He went on to order child support in the amount of $5,449 per month, based upon the father’s imputed income, to commence August 1, 2017. He also ordered $15,000 costs on an interim basis and directed that the issue of costs was to be reviewed at a Family Law Special. He then directed that the balance of the mother’s application was to be addressed at a Family Law Special.
[14] Support awards should not be overturned on appeal “unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or unless the award is clearly wrong”: Hickey v Hickey, 1999 CanLII 691 (SCC), [1999] 2 SCR 518, 240 NR 312 at para 11.
[15] Deference is particularly appropriate with interim support orders because they are subject to review at trial in any event. “The practical remedy for a questionable interim support order is usually to expedite the trial, not to appeal the interim order”: Hartley v Del Pero, 2010 ABCA 182 (CanLII) at para 27, 487 AR 248.
[16] First, with respect to the chambers judge’s direction that the children would be considered children of the marriage at the present time, we see no error on his part given the interim nature of the order.
Calgary Interim Child Support Lawyers – Full Disclosure Is Critical To Avoid Imputation Of Income
Lorne Maclean, QC warns that if you are the person who has the knowledge of your true finances ad you fail to give the true financial picture you can hardly complain if a Judge takes the least favourable interpretation of your finances.
[17] Second, with respect to the amount of child support ordered to be paid, it is apparent from the record that the father has been less than forthcoming in producing his required disclosure. As a result, the chambers judge was forced to rely upon the 2013 and 2015 income tax returns since the 2016 income tax return (although filed with the Canada Revenue Agency) had not yet been produced by the father at the time of the hearing. Under these circumstances, we see no error on the part of the chambers judge regarding the amount of interim child support awarded.
Call our Calgary Interim Child Support Lawyers early on to avoid unfairness.
Peter Graburn is our senior Calgary family lawyer who heads the team there. Lorne MacLean QC also handles select high net worth family law cases in Calgary. Call us early on at 403-444-5503 to begin resolving matters so you can move on with your life.
