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child support Archives

The Cart Before the Horse: Obtaining Child Support Prior to the Birth of the Child

The issue of child support is well known to separating couples with children, and to the courts in general. In typical cases, child support is paid by one spouse to another after the child is born. However, pursuant to the Family Law Act of Alberta, expectant mothers may also be entitled to receive child support.

Payments to Surrogates in Canada?

Surrogates and intended parents are governed by the Assisted Human Reproduction Act in Canada, and provincial legislation depending in what province you live. It is not currently legal to pay surrogates for their services, except for reimbursement of reasonable and "out of pocket" expenses related to the pregnancy (such as prenatal vitamins or travel to doctor's appointments) or as a result of the pregnancy. As there are no defined regulations in Canada as to which expenses can be reimbursed to the surrogate and to what extent, generally, a "but for" test is used - would the expense occur anyways or has the expense only occurred but for the surrogacy?

Self-employment and child support: It is not as easy as you think

Many people come to family law lawyers for answers regarding their child and spousal support. While we would love to give easy and simple answers, this is often not the case. This is especially the case where either one or both of the spouses are self-employed. When you work for someone else, your income is fairly easy to calculate. You will either have a salary or you will be paid hourly. More importantly, your tax return from previous years will be, for the most part, an accurate representation of what your income is, for the purposes of child and spousal support. However, this is often not the case for self-employed individuals.

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