Conflict Resolution in Romania

BALBI & COMPANY NEWSLETTER LEGAL CENTRE Phone: (403)269-7300 Fax: (403)265-9790 Barristers, Solicitors 1501 MacLeod Tr. SE Notaries/Mediators Calgary, AB T2G 2N6 e-mail: [email protected] Issue No: 18 JULY, 2005

held in conjunction with the LONNY’S National Judicial Institute. There is some interesting law Lonny will continue to teach that provides that when children TRAVELLING courses both locally and from prior relationships form a nationally heading into the new new family, even when the SHOW year. If you have any questions, natural father is still involved contact any one of our lawyers and pays child support, if the s reported in previous regarding the Spousal Support new family later breaks up, the Aeditions, Lonny is a Advisory Guidelines, and how new father must pay child member of the Advisory they may apply to you. support for those children. In Working Group on Family Law essence, the mother would be with the Federal Government. receiving child support from two One of the main projects of that different “fathers”. group was the development of the recently released Spousal We went to Court and were Support Advisory Guidelines successful in establishing that (published January, 2005). the second husband stood in These Guidelines are an the place of a parent to these attempt at simplifying and children and therefore was maintaining consistency required to pay over $1,000 per surrounding spousal support. month in child support. In addition, he was required to pay The Guidelines were initially $750 per month in spousal released on the Government support. Website: http://www.justice.gc.ca/en/dept/ Furthermore, the Court ordered pub/spousal/project/index.html YOU ARE NOT GOING TO retroactive support to the date of and they proved to be lengthy BELIEVE THIS ONE! separation of another $25,000. and complicated. In response to these complications, Lonny has We represent a woman who has And finally, we argued “costs” been travelling around the two teenage children from a on behalf of our client. The country educating Judges and previous marriage. The natural Judge was advised that we had lawyers on how the Guidelines father of those children pays our tried to settle this matter for work and their practical client child support. considerably less than the applications. He has spoken to amount awarded. The Judge groups in Kelowna, BC, St. Our client was then re-married ordered the husband to pay our John, New Brunswick, Toronto, and after several years, that client another $6,500 in costs. Ontario, Yellowknife, Northwest second marriage unfortunately Territories and Corner Brook, broke down and the parties When our client first came in to Newfoundland. The latest stop separated. The new husband see us, she thought she was was speaking to the full Court of refused to pay any money to the entitled to nothing. It is always Newfoundland and Labrador wife after the separation. important to get proper legal advice before taking action. of Canada. Furthermore, the pronounced Fee-air-osh) and There is sometimes some Ontario Court of Appeal has to Victor Chwieros who were interesting law that can be rejected the Alberta Court’s married on May 28, 2005! extremely helpful. interpretation of the Federal - AND - Child Support Guidelines. Congratulations to Pending a determination by the CHILD SUPPORT Pam Bell and her Supreme Court of Canada, IN FLUX husband Terry who there is significant uncertainty will be adding an for payers and payees. Call us if addition to their family n 2005, three decisions from you would like more information. Ithe Court of Appeal of Alberta sometime in September, 2005! have changed the way we SUGGESTIONS FOR PAYEES advise clients about potentially (RECIPIENTS) existing child support 1. Request Disclosure annually  FREE STUFF!!!  arrangements: DBS v. SRG, in writing. Henry v. Henry and LJW v. 2. Keep copies of all written Articles: TAR. requests. 3. Request increased child 1. Coping With a Difficult EX. In a typical child support case, support if there is increased the parties have entered into an income, within a reasonable 2. How to Divorce as Friends. agreement or Court Order time. setting an amount of child 4. If unable to negotiate an For free copies of articles: support based on their incomes. increase, contact: Both parties rely on and arrange - Dispute Resolution Office 269-7300 their financial affairs according (297-3875); a mediator; or your to the amount of child support lawyer. set out. Periodically, there is a review of the incomes and the SUGGESTIONS FOR PAYERS: child support is increased on a 1. Notify payee in writing of all CAST & CREW go-forward basis. increases in income; 2. Keep copies of all support LAWYERS: With the Court decisions on paid directly or indirectly; LONNY L. BALBI, QC “retroactivity”, the Court of 3. Keep copies of all disclosure [email protected] PAM L. BELL Appeal has determined that produced to payee; child support should be [email protected] 4. Pay increased support where CERI M. HARDEN increased retroactively to the ascertainable from the Alberta [email protected] date on which the payer’s Table; and ELLEN-ANNE O’DONNELL [email protected] income increased. This can 5. Consult the Family Law result in significant “back pay” Information Centre (297-6600) owed by the payer. For for assistance or contact your OFFICE MANAGER: example, Mr. Henry was lawyer. DANA EASON ordered by the Court of Appeal [email protected] to pay his ex-wife approximately This is general information only. $100,000. His income had Please contact your lawyer to increased over the years and LEGAL ASSISTANTS discuss your specific VERONICA BEAULIEU since their original Order in circumstances. [email protected] 1997, and Mr. Henry not having disclosed the increases to his MICHELLE BOETTCHER ex-wife, his retroactive liability [email protected] extended back to 1997 IN-HOUSE NEWS! CAROLYN LINK according to the Court. Congratulations to [email protected] The decisions have been our Ceri Harden appealed to the Supreme Court (now Chwieros, RECEPTIONIST: HELENA WATSON [email protected]