FAMILY LAWYERS IN CALGARY

Please see our blog: How to get divorced in Calgary?

All family property (or formerly known as matrimonial property) by default is divided equally between spouses, unless one party can show legally that he or she is entitled to unequal property division due to legal exemptions.  

Separate property or exempt property, usually refers to property that was acquired before marriage or the property a spouse received as a gift or inheritance during the marriage. However, note that the increase in value during marriage may be subject to property division. 

If the grounds for divorce are properly pleaded, the court in Alberta will most likely grant a divorce even if only one spouse wants it. However, there may be certain rare circumstances where the court might be reluctant to grant a divorce, such as when a parent owes extensive child support arrears or spousal support arrears. 

For basic child support, also known as section 3 child support, you can calculate child support based on your spouse net income. To calculate basic child support see: Section 3 child support calculation. For special or extraordinary child support expenses, also known as section 7 child support, please contact our office, Laws & Beyond, directly.

However, numerous factors can affect your child support obligation. Your unique circumstances may entitle you to higher child support payment or may entitle you to reduce your child support payments. We recommend you contact our office to your child support obligations.

The parties can decide if they wish to be paid directly or through MEP. If you wish to receive payment through MEP, then an MEP enforcement clause can be added to the child support order.  

 Once the courts enter an order for child support, then the parent that receives child support must contact MEP. For more details see: https://www.alberta.ca/mep-contact.aspx