New Common Law rules in place.

[89coupe]

Careful who you hook up with.

http://cnews.canoe.ca/CNEWS/Canada/2011/02/18/17329996.html

[rage2]

A good lawyer would've always been able to get this in a commonlaw relationship. Now, any cheap lawyer can use this as precedence since it went all the way up to the supreme court.

Really tho, not going to change anything. Everyone still has to watch out for the gold diggers out there!

[Alterac]

Alberta has a pretty decent common law that all guys (err, and i supose women, but guys usually get screwed) should know about:

http://en.wikipedia.org/wiki/Adult_interdependent_relationship_in_Alberta

[shakalaka]

The law of unjust enrichment has always played it's role in common law. And as Rage mentioned, it isn't really an anomaly as any decent lawyer could show that and get the other spouse compensated. These cases will deff. make the whole thing a lot easier now. Although the merits of each case will be decided on individual circumstances, as the article states.

[gretz]

Good to know... I have a couple friends with a kid in a common law relationship... The girl is a stay at home (has been the last 3 years) and the Guy makes close to 80K a year... They are no longer together, she has the kid, no job, no car, no assets, no place to live etc...

He has 2 cars, FT job etc... and tells her not to go to court, as she'll only get $400ish a month for their son and there is no spousal support in Alberta... He currently gives her only $500 a month for everything, this is a good read for "her", as she is getting f'd over huge

[JfuckinC]

Originally posted by rage2
Everyone still has to watch out for the gold diggers out there!

ya bitches watch out for me, i'm coming for your loot :poosie:

[dexlargo]

Originally posted by gretz
Good to know... I have a couple friends with a kid in a common law relationship... The girl is a stay at home (has been the last 3 years) and the Guy makes close to 80K a year... They are no longer together, she has the kid, no job, no car, no assets, no place to live etc...

He has 2 cars, FT job etc... and tells her not to go to court, as she'll only get $400ish a month for their son and there is no spousal support in Alberta... He currently gives her only $500 a month for everything, this is a good read for "her", as she is getting f'd over huge Sorry for the hijack, but if what you're saying is true, your friend really should be getting a bunch more money, regardless of the information in this article.

According to the Federal Child Support Guidelines for Alberta (http://www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/legis/fcsg-lfpae/tables2006/alta_10.html), if he's making 80,000 a year, for one child he should be paying $703.00 per month in child support alone.

The Guideline amounts are followed pretty strictly in Alberta, and she could go to court and ask for the amounts that he has been short in the past, as well as an order for payments going forward.

Spousal support is much trickier, especially in common-law relationships (I haven't read the Supreme Court Decision, so it may have simplified this). There are Federal guidelines for spousal support, but they are not automatic like the Child Support guidelines are. In fact, I think they're mostly ignored in Alberta. A whole long list of things is analyzed in determination of the amount paid in spousal support.

There's also what's known as section 7 expenses - which would inlude extra-curricular activities (hockey, summer camp, medical costs, braces) and the non-custodial parent would have to pay his share of those expenses based on how his income relates to the mother's.

In short, your friend needs to get some assistance. I think that Calgary Legal Guidance would likely assist her for free, or at least get her pointed in the right direction.

ETA - here's some more information for your friend to review to get an idea of what's available and how it is determined, generally:

Family Law Act (Alberta) (http://www.canlii.org/en/ab/laws/stat/sa-2003-c-f-4.5/latest/sa-2003-c-f-4.5.html) -Sections 49, 51 and for spousal support, Sections 56 and 58 - 61.

Alberta Child Support Guidelines (http://www.canlii.org/en/ab/laws/regu/alta-reg-147-2005/latest/alta-reg-147-2005.html): Section 3 establishes that the Federal Child Support Guideline amounts are to be used for calculating base amounts and the actual child support order should be this amount plus the extraordinary expenses, which are set out in section 7.

[gretz]

Great info guys... another question if anyone has any insight:

Current situation : The "girl" is in Ontario right now (had to watch G'mas place while they vacationed), which was very convenient, as she has no current place to live. The "guy" says she has to come back to Alberta (Where she has no house, no money, no car, no anything really...) to get this all settled.

Is she required to find a way to pay for hers and her son's plane tickets to get back (if it is required for her to be in the province to settle it)?

When/if she gets back (she has literally nothing), what kind of support can she get / apply for / how is she expected to do it?

Is there a way they can get everything settled from province to province? She has family in Quebec she can stay with, but he's telling her he can get the cops involved/have her tossed in jail/ general threat... it's not leaving her any options

I'm very realistic, I don't like to take sides between friends, something just doesn't seem right/fair; as one (the mom who has the kid 25days + a month) is barely surviving without the help of friends and family and the guy is going on a trip to Mexico... hmmmmm

[Weapon_R]

Originally posted by Alterac
Alberta has a pretty decent common law that all guys (err, and i supose women, but guys usually get screwed) should know about:

http://en.wikipedia.org/wiki/Adult_interdependent_relationship_in_Alberta

This has never removed the concept of unjust enrichment from Alberta courts. If a person contributes to a longterm relationship, that person will receive benefit if the couple splits. There has always been "common-law" in Alberta.

[Xtrema]

Originally posted by gretz
He has 2 cars, FT job etc... and tells her not to go to court, as she'll only get $400ish a month for their son and there is no spousal support in Alberta... He currently gives her only $500 a month for everything, this is a good read for "her", as she is getting f'd over huge

WTF, no wonder he tells her not to go to court.

[johnboy27]

Originally posted by gretz
Great info guys... another question if anyone has any insight:

Current situation : The "girl" is in Ontario right now (had to watch G'mas place while they vacationed), which was very convenient, as she has no current place to live. The "guy" says she has to come back to Alberta (Where she has no house, no money, no car, no anything really...) to get this all settled.

Is she required to find a way to pay for hers and her son's plane tickets to get back (if it is required for her to be in the province to settle it)?

When/if she gets back (she has literally nothing), what kind of support can she get / apply for / how is she expected to do it?

Is there a way they can get everything settled from province to province? She has family in Quebec she can stay with, but he's telling her he can get the cops involved/have her tossed in jail/ general threat... it's not leaving her any options

I'm very realistic, I don't like to take sides between friends, something just doesn't seem right/fair; as one (the mom who has the kid 25days + a month) is barely surviving without the help of friends and family and the guy is going on a trip to Mexico... hmmmmm
If she is in Ontario with the kid, she does not have to come to Alberta to go to court. The court in the province of residence of the child would be the one handling the case. He will have to go there to fight the case. The only way he could have the police involved is if they already have agreement with the courts. If there is nothing in place, I assume there isn't because he is screwing her over on child support then there is nothing he can do.

[gretz]

Well, she is coming back to Alberta (province of child's residence)... When she gets back (she has literally nothing), what kind of support can she get / apply for / how is she expected to do it? Anyone go through this / can recommend a good lawyer?

This guy is moving in with his new GF and going to Mexico, while she has to figure out how to work, pay for daycare, and commute with nothing to start with... Just a shit situation and I hate seeing bad things happen to good people, especially when there is a 3 year old involved with no stable home...

[spikerS]

Originally posted by gretz
Well, she is coming back to Alberta (province of child's residence)... When she gets back (she has literally nothing), what kind of support can she get / apply for / how is she expected to do it? Anyone go through this / can recommend a good lawyer?

This guy is moving in with his new GF and going to Mexico, while she has to figure out how to work, pay for daycare, and commute with nothing to start with... Just a shit situation and I hate seeing bad things happen to good people, especially when there is a 3 year old involved with no stable home...

as mean as this sounds, she can get a job to support herself and her child. Lots of single parents out there. Why should she be any different?

She could goto Mexico as well, just needs to work for it like everyone else.

[HiTempguy1]

Originally posted by spikers


She could goto Mexico as well, just needs to work for it like everyone else.

Since we don't probably have the whole story, I'm not saying this is right, but that is exactly what I thought.

"You had sex with me, now YOU have to pay. It's not MY fault I had a baby" :facepalm:

[spikerS]

Originally posted by HiTempguy1


Since we don't probably have the whole story, I'm not saying this is right, but that is exactly what I thought.

"You had sex with me, now YOU have to pay. It's not MY fault I had a baby" :facepalm:

Bingo, I may not have the whole story, but just because you found a guy to knock you up, does not give you a free ride for life VIP card.

Obviously this is not true in every case.

[johnboy27]

Originally posted by gretz
Well, she is coming back to Alberta (province of child's residence)... When she gets back (she has literally nothing), what kind of support can she get / apply for / how is she expected to do it? Anyone go through this / can recommend a good lawyer?

This guy is moving in with his new GF and going to Mexico, while she has to figure out how to work, pay for daycare, and commute with nothing to start with... Just a shit situation and I hate seeing bad things happen to good people, especially when there is a 3 year old involved with no stable home...
She needs to go to the family courthouse( not sure where it is in Calgary) fill out a bunch of paper work . They will contact her and him with a court date, they go to court and he will have to prove how much money he makes and they will award her the amount their chart says according to his salary. He will also be on the hook for half of all daycare and sports activities that she decides to put the kid into on top of the support he is paying. She has no job right now so she can use legal aid, there really is no expensive lawyer needed. She will win, provided he has nothing big against her and does contest the custody she is asking for then it will all go in her favor.
He will also be forced to provide a copy of his income tax return every year so that his child support can be adjusted according to his salary.
At 80k a year he would be paying 703 a month.
http://www.childsupportcalculator.ca/alberta.html

PS- he will also have to pay that support until the kid is 18 or when the kid decides to finish school, whichever takes longer.

[gretz]

Originally posted by spikers


as mean as this sounds, she can get a job to support herself and her child. Lots of single parents out there. Why should she be any different?

She could goto Mexico as well, just needs to work for it like everyone else.

No, fair enough... I doubt she would want to go to Mexico with him and his new gf lol...

They were together for over 4-5 years, which they were engaged for a good bit / filed common law etc... Thanks for your opinions guys

edit - great info Johnboy... thanks

[HiTempguy1]

Originally posted by gretz


They were together for over 4-5 years, which they were engaged for a good bit / filed common law etc...

Definitely changes things. Hopefully it works out for her!

[Jlude]

The two cases noted in the article are probably just men who are bitter because the woman who rode their coat tails are now taking a piece, but to be fair, they did contribute in someway, whether it be taking care of the kids, sacrifices made, etc.

This isn't anything new... unless you're a broke joke, choose your gf wisely. I too have made this mistake... haha