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How to start divorce proceedings in Calgary

July 26, 2018

As a lawyer practising in the areas of divorce and family law in Calgary, one of the questions I am frequently asked by clients is: How do I start div...

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How do I obtain support after separating from my spouse or partner in Calgary?

July 17, 2017

As a divorce and family lawyer in Calgary, I believe that the question I am most often asked by clients at an initial interview is: How do I obtain support after separating from my spouse or partner?

 

Fortunately, the answer to that particular question is relatively straightforward.   It is to simply ask your former partner or spouse to pay child support and/or spousal/partner support.    If the other party is unwilling to do so, then most clients are usually best advised to make an immediate Application to the Court for child support, for spousal/partner support, or for both.

 

Such Applications can be made even if divorce proceedings have not been started.  If they are made quickly after the separation, the Court may elect to make an "interim" Order as the parties may not have had time to exchange full financial disclosure at the time that the Application is made, and the Court will be reluctant to make a final determination until such time as full financial disclosure has been made and a final decision has been made regarding parenting time, or access to the children.   This is because parenting time, or access to the children, will have an effect upon how much child support is to be paid and by whom.

 

If you have any questions regarding the above, or if you would like to discuss any issues regarding divorce, separation, division of property, custody and access, guardianship and parenting, spousal support and child support, please either call me on 403-538-2105, or email me using this link.

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