Author Archives: Scott Kurie

When planning for your future, you’ve likely heard about both personal directives and powers of attorney. While these legal documents might seem similar—both involve someone else making decisions on your behalf – they serve very different purposes and cover different aspects of your life. Understanding the distinction is crucial for comprehensive estate planning in Alberta.

What is a Personal Directive?

A personal directive is your voice when you can’t speak for yourself about personal matters. This document comes into effect when you become unable to make decisions due to illness, injury, or mental incapacity.

Personal directives cover:

• Healthcare decisions and medical treatment preferences
• Where you want to live and what type of care you receive
• Personal care routines and lifestyle choices
• End-of-life wishes and palliative care preferences
• Who can visit you and make personal decisions on your behalf

Think of a personal directive as instructions for your personal well-being and healthcare when you’re unable to communicate your wishes directly.

What is a Power of Attorney?

A power of attorney focuses specifically on financial and legal matters. It authorizes someone you trust (called your “attorney”) to handle your financial affairs either immediately or when you become incapacitated.

Powers of attorney cover:

• Banking and financial transactions
• Paying bills and managing investments
• Buying, selling, or managing real estate
• Filing tax returns and dealing with government agencies
• Making insurance claims and managing business affairs

There are two main types in Alberta:

• Immediate Power of Attorney: Takes effect as soon as you sign it
• Enduring Power of Attorney: Continues even if you become mentally incapacitated

Key Differences at a Glance

Personal Directive	Power of Attorney
Personal and healthcare decisions	Financial and legal decisions
Only active when you’re incapacitated	Can be immediate or enduring
Covers medical treatment, living arrangements	Covers money, property, legal matters
Agent makes personal care choices	Attorney handles financial transactions

Why You Need Both Documents

Many people mistakenly think one document covers everything, but that’s not the case. Here’s why you need both:

Without a Personal Directive: Your family may struggle with healthcare decisions, not knowing your wishes about treatment, care facilities, or end-of-life preferences. Medical professionals and care facilities need clear guidance about your personal care wishes.

Without a Power of Attorney: Your family cannot access your bank accounts, pay your bills, or manage your financial affairs. Even spouses don’t automatically have the right to handle each other’s finances without proper legal authority.

Choosing the Right People

The person you choose for each role doesn’t have to be the same individual. Consider:

For Personal Directive Agent:

• Someone who understands your values and beliefs
• A person comfortable making difficult healthcare decisions
• Someone geographically accessible to healthcare providers

For Power of Attorney:

• A person who is financially responsible and trustworthy
• Someone with good organizational and record-keeping skills
• An individual available to handle time-sensitive financial matters

Common Misconceptions

“My spouse automatically has these powers” Not true. While spouses have some rights in medical emergencies, they don’t have automatic authority to make all personal or financial decisions.

“These documents are only for elderly people” Accidents and illnesses can happen at any age. Young adults, especially those with children, should have these documents in place.

“I can use a generic form from the internet” While basic forms exist, your situation may require specific language or considerations that generic forms don’t address.

When These Documents Take Effect

Personal Directives typically require medical assessment confirming you cannot make decisions about your personal care. The document should specify how incapacity is determined.

Enduring Powers of Attorney usually require evidence that you can no longer manage your financial affairs, though the specific triggers should be clearly outlined in the document.

Keeping Your Documents Current

Life changes, and your documents should reflect those changes. Review and potentially update both documents when you:

• Get married, divorced, or separated
• Have children or experience deaths in the family
• Move to a different province
• Experience significant changes in health or financial circumstances
• No longer trust your chosen agents or they become unavailable

The Bottom Line

Both personal directives and powers of attorney are essential components of comprehensive estate planning. They work together to ensure that if something happens to you, the people you trust can step in to handle both your personal care and financial affairs according to your wishes.

Don’t wait until it’s too late. Having both documents properly prepared and legally executed provides peace of mind for you and clarity for your loved ones during difficult times.

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Ready to protect your future with proper legal planning? The experienced estate planning team at Kurie Moore Law Group can help you create comprehensive personal directives and powers of attorney tailored to your specific needs and circumstances.

Contact us today: 📞 780-809-3545
🌐 https://kurielaw.ca/contact-us/
📧 reception@kurielaw.ca

Located in Sherwood Park, serving clients throughout Alberta with compassionate, professional legal services.

Separation is one of life’s most challenging experiences, and the emotional turmoil can cloud your judgment at a time when clear thinking is crucial. While every situation is unique, many people going through separation in Alberta make similar mistakes that can have lasting consequences for their finances, their children, and their future. Understanding these common pitfalls can help you navigate this difficult time more effectively and protect your interests while moving toward a healthier future.

The decisions you make during the early stages of separation often set the tone for everything that follows. What might seem like minor choices in the moment can have significant legal, financial, and emotional ramifications down the road. By being aware of these potential mistakes and taking proactive steps to avoid them, you can minimize conflict, reduce costs, and create a foundation for a more positive outcome for everyone involved.

Making Major Decisions When You’re Emotionally Overwhelmed

One of the biggest mistakes people make during separation is rushing into major decisions while they’re still in emotional crisis. The shock, anger, hurt, and fear that accompany the end of a relationship can impair your ability to think clearly and make sound choices.

Avoid signing any legal documents, agreeing to permanent arrangements, or making irreversible financial decisions in the immediate aftermath of separation. Take time to process your emotions and seek professional guidance before committing to agreements that will affect your future. What feels urgent in the moment may not actually require immediate action, and decisions made in emotional distress often need to be revisited later at additional cost and complexity.

Consider seeking support from a counselor or therapist to help you process your emotions while you’re also dealing with the practical aspects of separation. This emotional support can help you maintain clarity when making important decisions.

Failing to Document Your Current Situation

Many people don’t realize how important documentation becomes during separation. Failing to properly document your financial situation, living arrangements, and parenting responsibilities can create problems later when you need to prove what actually happened during this transitional period.

Take photographs of your home and belongings, gather financial documents, and keep detailed records of expenses, parenting time, and any agreements you make with your former partner. Create a timeline of important events and save all communications related to your separation. This documentation can be invaluable if disputes arise later or if you need to demonstrate patterns of behavior to a court.

Open your own bank account and establish credit in your own name as soon as possible. Monitor all joint accounts and credit cards to ensure there are no unauthorized transactions, and consider freezing joint accounts if necessary to prevent financial disputes.

Using Children as Messengers or Emotional Support

One of the most damaging mistakes separating parents make is involving their children inappropriately in the adult conflict. Children should never be used as messengers between parents, asked to take sides, or burdened with adult emotions and concerns about the separation.

Avoid speaking negatively about your former partner in front of your children, asking them to spy or report on the other parent’s activities, or using them as emotional support for your own feelings about the separation. Children need to maintain loving relationships with both parents, and they need to feel secure that the adult problems are being handled by adults.

Instead, communicate directly with your former partner about parenting issues, even if it’s difficult. If direct communication is impossible, consider using email, a parenting app, or working through a mediator or lawyer. Keep your children’s emotional needs separate from your own, and consider professional counseling for your children if they’re struggling with the separation.

Ignoring Temporary Financial Responsibilities

During separation, it’s crucial to continue meeting your existing financial obligations while also planning for your new financial reality. Some people make the mistake of immediately stopping support payments, abandoning financial responsibilities, or making dramatic changes to spending without considering the legal implications.

Continue paying mortgages, loans, and other joint obligations to protect your credit rating and avoid legal complications. If you’re required to pay spousal or child support, continue making these payments even if you believe the amounts should be different. You can seek to modify support amounts through proper legal channels, but stopping payments can result in enforcement action and may reflect poorly on you in future proceedings.

Create a realistic budget for your new living situation and avoid taking on new debt or making major purchases during the separation process. Financial decisions made during separation can impact property division and support calculations, so it’s important to be thoughtful and strategic.

Refusing to Consider Alternative Dispute Resolution

Many people assume that separation automatically means an expensive, contentious court battle, but this doesn’t have to be the case. Some individuals make the mistake of immediately hiring a lawyer for litigation without exploring whether mediation, collaborative law, or other alternative dispute resolution methods might be more appropriate for their situation.

Alternative dispute resolution can be faster, less expensive, and less emotionally damaging than going to court. These processes also give you more control over the outcome and can help preserve a working relationship with your former partner, which is especially important when children are involved.

Even if you ultimately need to go to court, many issues can often be resolved through negotiation or mediation first, reducing the scope and cost of any litigation. Be open to exploring all options before committing to a particular approach.

Neglecting to Update Important Documents and Accounts

Separation requires updating numerous legal documents and accounts, and failing to do so promptly can create complications. Many people forget to update their wills, powers of attorney, beneficiary designations on insurance policies and retirement accounts, and emergency contacts with employers and children’s schools.

Review and update all legal documents to reflect your new circumstances. This includes removing your former partner as a beneficiary or decision-maker where appropriate and designating new people to fill these roles. Contact your insurance companies, banks, retirement plan administrators, and other financial institutions to update beneficiary information.

Don’t forget to update your address with government agencies, service providers, and anyone else who needs your current contact information. Also consider updating your social media privacy settings and being mindful of what you post during this sensitive time.

Trying to Handle Everything Yourself

While it’s natural to want to save money during separation, trying to handle complex legal and financial matters without professional help can be a costly mistake. Family law in Alberta involves intricate rules about property division, support calculations, and parenting arrangements that can significantly impact your future financial security and relationship with your children.

Even if you and your former partner agree on most issues, having a lawyer review any agreements before you sign them can help ensure your rights are protected and the documents are legally enforceable. A lawyer can also help you understand your options and the potential consequences of different choices.

Consider consulting with other professionals as needed, such as financial planners, accountants, or family counselors. The cost of professional advice during separation is often much less than the cost of fixing problems that arise from uninformed decisions.

Forgetting About Tax Implications

Separation and divorce have significant tax implications that many people don’t consider. Changes in filing status, dependency exemptions, support payments, and property transfers can all affect your tax situation, and failing to plan for these changes can result in unexpected tax bills or missed opportunities for savings.

Child support payments are generally not taxable to the recipient or deductible by the payer, but spousal support has different tax treatment. Property transfers between spouses can have tax consequences, and the timing of your separation can affect your filing status and available deductions.

Consult with a tax professional who understands the implications of separation and divorce to ensure you’re making informed decisions and taking advantage of all available tax benefits.

Moving Forward Thoughtfully

Separation is never easy, but avoiding these common mistakes can help you navigate this challenging time more successfully. The key is to take things slowly, seek appropriate professional help, prioritize your children’s well-being, and make decisions based on your long-term interests rather than short-term emotions.

Remember that separation is a process, not a single event, and it’s okay to take time to figure things out. With careful planning and the right support, you can move through this difficult period and build a stable foundation for your future.

At Kurie Moore Law Group, we understand the challenges you’re facing during separation, and we’re here to help you avoid costly mistakes while protecting your interests and those of your children. Our experienced family law team can guide you through the legal process and help you make informed decisions about your future.

If you’re facing separation and want to ensure you’re taking the right steps to protect yourself and your family, contact our Sherwood Park office to discuss your situation. We’re here to provide the guidance and support you need during this difficult time.

When facing a family dispute in Alberta, one of the most important decisions you’ll make is how to resolve your conflict. The emotional weight of separation or divorce can feel overwhelming, and in the midst of such personal turmoil, it’s natural to feel uncertain about the best path forward. While many people assume that going to court is the only option – perhaps influenced by dramatic courtroom scenes in movies and television – mediation offers an alternative path that can be more cost-effective, less stressful, and often leads to better outcomes for everyone involved, especially children.

The traditional approach of hiring lawyers and preparing for battle in the courtroom has dominated family law for decades, but this adversarial system doesn’t always serve families well. Court proceedings can escalate conflict, drain financial resources, and create lasting animosity between former partners who need to continue co-parenting their children.

In recent years, Alberta has seen a significant shift toward alternative dispute resolution methods, with mediation leading the charge. This change reflects a growing understanding that family disputes are fundamentally different from other legal matters—unlike business disputes or personal injury cases, family conflicts involve ongoing relationships, particularly when children are involved, that will continue long after the legal issues are resolved. Mediation recognizes these realities and offers a more human-centered approach to resolving family conflicts, encouraging collaboration and mutual problem-solving rather than positioning former partners as adversaries.

The choice between mediation and court isn’t just about legal strategy—it’s about choosing the kind of future you want for your family. Do you want a process that encourages ongoing conflict, or one that builds communication skills and cooperation? Understanding your options is the first step toward making an informed decision that aligns with your values, priorities, and the unique circumstances of your family situation.

Understanding Your Options

Mediation is a collaborative process where a neutral third party (the mediator) helps you and your former partner work together to reach agreements on issues like child custody, support, and property division. The mediator doesn’t make decisions for you but facilitates productive conversations and helps you find common ground.

Court proceedings involve presenting your case before a judge who will make binding decisions about your family matters. This is an adversarial process where each party advocates for their position, and the judge determines the outcome based on Alberta law and the evidence presented.

When Mediation Works Best

Mediation can be highly effective when both parties are willing to communicate respectfully and work toward mutually beneficial solutions. It’s particularly well-suited for situations where:

• Both parties want to maintain some control over the outcome
• You’re committed to co-parenting and want to preserve a working relationship
• Privacy is important to you (mediation proceedings are confidential)
• You want to minimize the emotional impact on your children
• Cost is a significant concern
• You prefer flexible scheduling over court dates

Mediation also allows for creative solutions that courts might not consider. For example, you might arrange a unique parenting schedule that works for your family’s specific needs, or find innovative ways to divide assets that satisfy both parties.

When Court May Be Necessary

Despite its benefits, mediation isn’t appropriate for every situation. Court proceedings may be the better choice when:

• There’s a significant power imbalance between parties
• One party refuses to participate in good faith
• There’s a history of domestic violence or abuse
• Complex legal issues require judicial interpretation
• One party is hiding assets or being dishonest about finances
• Emergency orders are needed to protect children or assets
• Previous mediation attempts have failed

Courts also provide certain protections and enforcement mechanisms that mediation cannot offer. A court order carries the full weight of the law, and violating it can result in serious consequences.

The Cost Factor

One of the most significant differences between mediation and court is cost. Mediation typically costs a fraction of what you’d spend on a court battle. While a contested court case can easily cost tens of thousands of dollars in legal fees, mediation sessions usually range from a few hundred to a few thousand dollars total.

However, it’s important to note that even if you choose mediation, you should still have a lawyer review any agreements before you sign them. This ensures your rights are protected and the agreement is legally sound.

Impact on Children

Research consistently shows that children fare better when their parents resolve disputes through mediation rather than contentious court battles. Mediation tends to reduce conflict, preserve co-parenting relationships, and shield children from the adversarial nature of court proceedings.

When parents work together to create their parenting plan, they’re more likely to follow it and make adjustments as needed. This cooperation benefits children’s emotional well-being and provides them with greater stability.

The Process: What to Expect

Mediation Process:

• Initial consultation to explain the process and assess suitability
• Joint sessions where both parties discuss issues with the mediator
• The mediator helps identify interests and generate options
• Agreements are drafted and reviewed by independent legal counsel
• Final agreements are filed with the court if desired

Court Process:

• Filing legal documents and serving the other party
• Discovery phase where financial and other information is exchanged
• Possible settlement conferences or judicial dispute resolution
• If no settlement is reached, a trial where evidence is presented
• Judge makes binding decisions on all outstanding issues

Hybrid Approaches

You don’t have to choose exclusively between mediation and court. Many families use a combination approach, such as:

• Collaborative law, where both parties have lawyers committed to reaching a settlement without going to court
• Arbitration, where a private decision-maker (arbitrator) makes binding decisions in a less formal setting than court
• Mediation-arbitration, where you start with mediation and move to arbitration for unresolved issues

Making the Right Choice for Your Family

The best path forward depends on your unique circumstances, relationship dynamics, and specific legal issues. Consider these questions:

• Can you and your former partner communicate respectfully about your children and finances?
• Are both of you committed to finding fair solutions?
• Is there any history of violence or abuse in your relationship?
• How complex are your legal and financial issues?
• What are your priorities in terms of time, cost, and privacy?

Getting Professional Guidance

Regardless of which path you choose, having experienced legal counsel is crucial. At Kurie Moore Law Group, our family law lawyers can help you assess whether mediation is appropriate for your situation and guide you through whichever process best serves your family’s needs.

We can represent you in court when necessary, support you through mediation, or help you explore collaborative law options. Our goal is always to help you achieve the best possible outcome for your family while minimizing conflict and cost.

Moving Forward

Family disputes are never easy, but choosing the right resolution process can make a significant difference in your experience and outcomes. Whether through mediation, court, or a hybrid approach, the key is making an informed decision based on your specific circumstances and with proper legal guidance.

If you’re facing a family dispute and aren’t sure which path is right for you, contact our Sherwood Park office to discuss your options. We’re here to help you navigate this challenging time and find the best way forward for your family.

Divorce brings many changes, and sometimes those changes include the need or desire to relocate. Whether it’s for a new job opportunity, to be closer to family, or to start fresh in a new community, moving after divorce can be complicated—especially when children are involved. In Alberta, specific laws govern when and how a parent can relocate with their children, and understanding these rules is crucial for both parents.

What Constitutes Relocation in Alberta?

Under Alberta’s Family Law Act, relocation is defined as a change in residence that would significantly impact a child’s relationship with the other parent or significantly impact the exercise of parenting time or parental responsibilities. This isn’t limited to moves across provinces—even moving to a different neighborhood within the same city could constitute relocation if it substantially affects the existing parenting arrangement.

The key factors that determine whether a move constitutes relocation include:

Distance and travel time between the old and new residences, considering how this affects the other parent’s ability to maintain their relationship with the child.

Impact on the parenting schedule, including whether current arrangements for parenting time, decision-making, or day-to-day care would need to change significantly.

Practical considerations such as the child’s school, extracurricular activities, and social connections that might be disrupted.

Notice Requirements: The 60-Day Rule

If you’re planning to relocate with your children, Alberta law requires you to provide written notice to the other parent at least 60 days before the intended move. This notice period is designed to give both parents time to discuss the proposed relocation and, if necessary, seek legal resolution before the move occurs.

The written notice must include specific information:

• The proposed date of relocation
• The new address (or as much detail as possible if the exact address isn’t yet known)
• Reasons for the proposed relocation
• A proposal for how parenting time and responsibilities will be maintained after the move

What if you can’t provide 60 days notice? In emergency situations or when circumstances beyond your control make 60 days notice impossible, you must provide notice as soon as reasonably possible and explain why you couldn’t meet the 60-day requirement.

When Court Permission is Required

Not all relocations require court approval. If the other parent consents to the move in writing, you may proceed without involving the courts. However, if the other parent objects or doesn’t respond to your notice, you’ll need to apply to the court for permission to relocate.

The court will consider several factors when deciding whether to allow a relocation:

The Best Interests of the Child Standard

Alberta courts always prioritize the best interests of the child when making relocation decisions. This comprehensive test considers multiple factors:

The child’s physical, emotional, and psychological safety and well-being, including how the move might affect their stability and security.

The benefit of maintaining relationships with both parents and other important people in the child’s life, such as grandparents or close family friends.

The child’s views and preferences, particularly for older children who can express their wishes, though the court will weigh these against the child’s maturity and understanding.

The Relocating Parent’s Reasons

Courts examine the motivations behind the proposed move. Legitimate reasons that courts typically view favorably include:

• Employment opportunities that would improve the family’s financial situation
• Educational opportunities for the parent or child
• Family support such as moving closer to extended family who can provide practical and emotional support
• Health reasons including access to specialized medical care
• Escape from family violence or other safety concerns
• Housing opportunities that would provide better living conditions for the child

Courts are less sympathetic to relocations that appear motivated by a desire to interfere with the other parent’s relationship with the child or that seem vindictive in nature.

Impact on the Other Parent’s Relationship

The court will carefully consider how the relocation would affect the non-relocating parent’s ability to maintain a meaningful relationship with the child. Factors include:

• The current level of involvement and the quality of the relationship
• The other parent’s ability to relocate to maintain proximity
• Whether technology and travel can reasonably maintain the relationship
• The financial impact of maintaining long-distance parenting time

Proposed Arrangements for Ongoing Contact

When applying for relocation, you must present a detailed plan for how the child will maintain their relationship with the other parent. This might include:

• Modified parenting schedules that account for distance
• Extended holiday and summer vacation time
• Use of technology for regular communication
• Financial arrangements for travel costs
• Specific pickup and drop-off arrangements

The Legal Process for Contested Relocations

When relocation is contested, the legal process typically follows these steps:

1. Filing the Application

The relocating parent files an application with the Court of King’s Bench, providing detailed information about the proposed move and the arrangements for ongoing parenting.

2. Temporary Orders

In some cases, the court may issue temporary orders allowing or preventing the relocation until a final decision is made, particularly if the proposed move date is approaching.

3. Evidence Gathering

Both parents will need to provide evidence supporting their positions. This might include:

• Employment documentation
• Housing information
• School reports and assessments
• Expert reports (such as parenting assessments or child psychology evaluations)
• Financial information

4. Court Hearing

If the matter can’t be resolved through negotiation or mediation, it will proceed to a court hearing where both sides present their cases.

Special Considerations for International Relocations

Moving outside Canada adds additional complexity to relocation cases. Courts are generally more cautious about international relocations due to:

• Enforcement challenges if the other parent needs to pursue custody or access rights in another country
• Jurisdictional issues and the complexity of international family law
• Practical barriers such as travel costs and visa requirements that might affect the child’s ability to maintain relationships
• Cultural and language differences that might impact the child

If you’re considering an international relocation, you’ll likely need to provide additional assurances, such as:

• Agreements to return the child for parenting time
• Bonds or other financial security
• Undertakings regarding the child’s passport and travel documents

What Happens If You Move Without Permission?

Relocating without following proper legal procedures can have serious consequences:

• Court orders requiring your immediate return with the child
• Changes to custody arrangements potentially reducing your parenting time
• Contempt of court charges if you violate existing court orders
• Criminal charges in extreme cases, potentially including parental abduction charges
• Financial consequences including paying the other parent’s legal costs and travel expenses

Practical Steps for Parents Considering Relocation

If You Want to Relocate:

Start planning early. Begin the legal process as soon as you’re seriously considering a move, even if your plans aren’t finalized.

Document your reasons. Keep records of job offers, housing information, or other factors motivating your decision.

Develop a comprehensive parenting plan. Show the court you’ve thoughtfully considered how to maintain the child’s relationship with the other parent.

Consider mediation. Sometimes a neutral third party can help parents reach an agreement without going to court.

Consult with a family lawyer early in the process to understand your rights and obligations.

If Your Ex-Partner Wants to Relocate:

Respond promptly to any relocation notice you receive.

Consider the proposal carefully. Focus on your child’s best interests rather than your own convenience or emotions.

Propose alternatives if you have concerns about the relocation plan.

Seek legal advice to understand your options for opposing or modifying the relocation.

Document your relationship with your child to show the court the value of maintaining proximity.

Tips for Successful Relocation Applications

Be transparent and honest about your motivations and circumstances. Courts appreciate candor and are more likely to trust parents who are forthright.

Focus on the children’s needs rather than your own desires. Frame your arguments around how the move benefits your children.

Present realistic solutions for maintaining the other parent’s relationship with the children. Vague promises won’t satisfy the court.

Consider timing carefully. If possible, plan moves to coincide with natural transition points like the end of a school year.

Be prepared for compromise. You might need to adjust your timeline, destination, or parenting arrangements to address the court’s concerns.

The Role of Legal Representation

Relocation cases are among the most complex in family law, involving detailed legal analysis and often requiring extensive evidence. Having experienced legal representation is crucial because:

• Family lawyers understand the specific factors courts consider in relocation cases
• Legal counsel can help you prepare a strong application or response
• Lawyers can negotiate with the other party to potentially avoid court proceedings
• Professional representation ensures you meet all procedural requirements and deadlines

Moving Forward: Creating Stability After Relocation

Whether relocation is approved or denied, both parents must focus on creating stability for their children. This might involve:

• Adjusting expectations and parenting schedules to new realities
• Using technology creatively to maintain connections across distances
• Being flexible as children adjust to new arrangements
• Seeking counseling or support for children struggling with major changes
• Continuing to communicate respectfully with the other parent despite geographical challenges

Conclusion

Relocation after divorce is rarely simple, but understanding Alberta’s legal framework can help you navigate the process more effectively. Whether you’re considering a move or responding to your ex-partner’s relocation plans, remember that courts prioritize children’s best interests above all else.

The key to successful relocation cases is thorough preparation, honest communication, and a genuine focus on what’s best for your children. While the legal process can be stressful, working with experienced family law counsel can help ensure that your rights are protected and your children’s needs remain the top priority.

Don’t let relocation laws overwhelm you during an already challenging time. Whether you need to move for legitimate reasons or want to protect your relationship with your children, we’re here to guide you through every step of the legal process.

Contact us today for a consultation:

• Phone: 780-809-3545
• Email: reception@kurielaw.ca
• Address: 184 Chippewa Road, Sherwood Park, AB T8A 4H5

Life rarely remains static after a separation or divorce. Income levels fluctuate, children’s needs evolve, and parenting arrangements shift. When these significant changes occur, your existing child support order may no longer reflect your current reality.

At Kurie Moore Law Group, we understand that navigating modifications to child support can be challenging, but with the right guidance, you can ensure your child’s needs continue to be met fairly.

When Is Modification Appropriate?

Child support orders are not set in stone. In Alberta, the courts recognize that circumstances change, and support arrangements should adapt accordingly. Generally, a modification to an existing child support order may be appropriate when there has been a “material change in circumstances” since the original order was established.

Common examples of material changes include:

• Significant income changes for either parent (increase or decrease)
• Changes in parenting time or custody arrangements
• Children’s needs evolving (developing special needs, beginning post-secondary education)
• A parent becoming unemployed or experiencing disability
• Relocation of either parent that affects costs or parenting arrangements
• Addition of new dependents in either household

It’s important to note that temporary fluctuations typically don’t qualify as material changes. The change should be substantial, unforeseen at the time of the original order, and likely to continue for the foreseeable future.

Understanding the Process in Alberta

Step 1: Review Your Current Agreement or Order

Before pursuing a modification, carefully review your existing child support order or agreement. Some agreements include clauses about when and how modifications can occur. For example, some may require annual income disclosure and adjustment of support amounts based on the Federal Child Support Guidelines.

Step 2: Attempt to Negotiate

If you and your co-parent can communicate effectively, the first step should be discussing the changed circumstances and attempting to reach an agreement about modifying support. A negotiated solution is typically less costly, less stressful, and faster than court proceedings.

Any agreement reached should be formalized through proper legal channels to ensure enforceability. Our family law team can help draft a consent variation order that reflects your new agreement.

Step 3: Consider Mediation or Collaborative Law

If direct negotiation isn’t successful, mediation or collaborative law processes may help. These alternative dispute resolution methods involve neutral third parties who can facilitate productive discussions about support modifications while keeping the focus on your children’s best interests.

Step 4: Apply to Court if Necessary

If negotiation and mediation don’t yield results, you may need to apply to court for a variation of the child support order. In Alberta, you’ll need to file:

• A Claim form or Variation Application
• A current Financial Statement
• Supporting documentation (such as tax returns, pay stubs, or other evidence of changed circumstances)

The court will schedule a hearing where both parties can present evidence about the changed circumstances and why modification is necessary.

Step 5: The Recalculation Program Option

Alberta offers the Child Support Recalculation Program (RP), which automatically reviews and adjusts eligible child support orders annually based on updated income information. This program can simplify the process of keeping support amounts current without requiring court appearances for straightforward income changes.

To use this service, your original order must include a recalculation clause. If it doesn’t, you can apply to have one added.

Special Considerations for Common Scenarios

Job Loss or Income Reduction

If you’re paying support and experience job loss or significant income reduction:

1. Document your efforts to find new employment
2. Apply for modification promptly—support arrears cannot typically be retroactively reduced
3. Consider requesting a temporary modification while you seek new employment
4. Continue making payments to the best of your ability while awaiting modification

Income Increases

If the paying parent experiences a significant income increase, the receiving parent can seek an upward modification to ensure the child benefits from the improved financial situation. The Federal Child Support Guidelines provide tables that adjust support amounts based on income levels.

Children’s Changing Needs

As children grow, their needs change. Modifications may be appropriate when:

• A child develops medical conditions requiring additional care
• Special educational needs arise
• A child begins post-secondary education
• Extracurricular activities become more expensive

Changes in Parenting Time

If parenting time arrangements change substantially, support may need adjustment. In shared parenting situations (where each parent has the child at least 40% of the time), the calculation becomes more complex, potentially involving a “set-off” amount based on both parents’ incomes.

Common Mistakes to Avoid

1. Informal Arrangements Without Documentation

Even if you and your co-parent verbally agree to a modification, failing to document it properly can lead to serious consequences. Undocumented changes aren’t enforceable, and the original order remains in effect from a legal standpoint.

2. Unilateral Decisions to Modify Support

Regardless of how reasonable your circumstances may be, unilaterally reducing or stopping support payments without court approval can result in enforcement actions, including:

• Wage garnishment
• Tax refund interception
• Driver’s license suspension
• Bank account seizure
• Contempt of court charges

3. Waiting Too Long to Act

Courts generally cannot retroactively modify support for periods before you filed your application. If your circumstances change, act promptly to preserve your rights.

4. Incomplete Financial Disclosure

The court requires complete and accurate financial information to make appropriate decisions. Hiding assets or income can result in severe penalties, including adverse inference (where the court assumes the worst about your finances) or even criminal charges for fraud.

The Role of Legal Representation

While it’s possible to navigate child support modifications without legal representation, the process can be complex. An experienced family lawyer can:

• Evaluate whether your changed circumstances meet the legal threshold for modification
• Gather and organize the necessary documentation
• Negotiate effectively with the other party or their counsel
• Represent your interests in mediation or court
• Ensure all procedural requirements are met
• Draft legally sound agreements or court applications
• Provide strategic advice based on similar cases

Next Steps

If you believe your circumstances warrant a modification to your child support order, we recommend:

1. Document the changes that have occurred since your original order
2. Gather financial information (tax returns, pay stubs, expenses related to children)
3. Consult with a family lawyer to evaluate your situation and options
4. Consider whether negotiation or mediation might resolve the issue
5. Prepare for financial disclosure requirements

At Kurie Moore Law Group, our experienced family law team understands the nuances of child support modifications in Alberta. We’re committed to helping you navigate this process with minimal stress while ensuring your children’s needs remain the priority.

Located just one block from the Sherwood Park Provincial Court, we offer convenient access to legal support for parents throughout the Sherwood Park and Edmonton areas. Our bilingual lawyers can assist in both English and French, ensuring clear communication throughout your case.

Contact us today to schedule a consultation about modifying your child support arrangements and securing a solution that works for your family’s changing needs.

Many young parents put off creating a will, thinking it’s something only older adults or wealthy individuals need to consider. Between sleepless nights, busy careers, and the daily juggle of family life, estate planning often falls to the bottom of the to-do list. Perhaps you’ve thought, “We’re young and healthy,” or “We don’t own enough assets to need a will.” These are common misconceptions that could leave your family vulnerable.

The reality is that estate planning is especially crucial for families with young children. Your will is about much more than distributing assets – it’s about ensuring your children are cared for according to your wishes, protecting their financial future, and giving you peace of mind that you’ve done everything possible to secure their wellbeing.

Consider this: Without a will, important decisions about your children’s care and your family’s financial future would be left to the Alberta courts. Your children’s guardian, the distribution of your assets, and even decisions about your children’s education and upbringing would be determined by provincial laws rather than your personal wishes. Here’s why you shouldn’t wait to create your will and what you need to know about protecting your family’s future.

Protecting Your Children’s Future

The most important reason young families need a will is to ensure their children’s well-being. While it’s difficult to contemplate not being there for your children, having a plan in place is one of the most loving actions you can take as a parent.

Without a will, you don’t get to choose who will raise your children if something happens to both parents. The courts will make this decision based on the facts available at the time, and it may not align with your wishes or values. Family members may disagree about who should raise your children, leading to costly and stressful legal battles during an already emotional time. Through your will, you can:

• Name a guardian for your minor children
• Choose an alternate guardian as backup
• Specify your wishes for your children’s upbringing
• Set up trusts to manage their inheritance until they reach adulthood

Managing Your Children’s Inheritance

Many parents don’t realize that simply leaving assets to minor children isn’t enough to secure their financial future. Children can’t legally manage their inheritance until they turn 18, and without proper planning, these assets could become tied up in court-supervised processes, leading to unnecessary delays and expenses. This court oversight, while well-intentioned, often creates complications and costs that could be avoided with proper estate planning.

The risks of inadequate planning go beyond just administrative headaches. Without a properly structured will, your children could receive a substantial sum of money on their 18th birthday with no guidance or protection in place. Consider whether your 18-year-old self would have been prepared to manage a significant inheritance responsibly. A well-crafted estate plan can provide the framework and protection needed to ensure your children’s inheritance supports their long-term well-being rather than becoming a burden or being quickly depleted.

Planning for Your Family’s Immediate Needs

The immediate aftermath of losing a parent creates not only emotional challenges but also pressing practical and financial needs. While many people think of a will as a tool for long-term estate distribution, it plays a crucial role in ensuring your family can access essential resources during those critical first days and weeks. Without proper planning, even simple tasks like accessing bank accounts or maintaining household bills can become unnecessarily complicated during an already difficult time.

A well-structured will helps prevent these immediate challenges by clearly designating who can manage your affairs, ensuring quick access to bank accounts and life insurance proceeds, and minimizing costly probate delays. It can also provide clear instructions about immediate financial responsibilities like mortgage payments and children’s expenses, helping your family maintain stability during the transition. This immediate access to resources can make a significant difference in your family’s ability to adjust and cope with their loss while longer-term arrangements are put in place.

Common Estate Planning Mistakes to Avoid

Estate planning mistakes can have serious consequences for young families, yet they’re surprisingly common. Many parents assume they’re too young to need a will, fail to update beneficiary designations after having children, or mistakenly believe their assets will automatically go to their spouse. Others make the critical error of not planning for the unlikely but serious scenario of both parents passing away simultaneously, leaving their children’s future care uncertain and their assets subject to provincial laws rather than their personal wishes.

Beyond the Will: Additional Estate Planning Tools

A comprehensive estate planning strategy often includes more than just a will, and young families need to understand the full range of tools available to protect their loved ones. Having a will is an excellent start, but it’s just one piece of a complete estate plan. Modern estate planning requires a thoughtful combination of legal documents and financial planning tools working together to protect your family in different scenarios.

Here are the key elements of a comprehensive estate plan:

• Personal Directive (Living Will): This crucial document lets you specify your healthcare wishes and appoint someone to make medical decisions on your behalf if you become incapacitated. Without this, your family may face difficult decisions without knowing your preferences.
• Enduring Power of Attorney: This document appoints someone you trust to manage your financial affairs if you’re unable to do so. It ensures bills get paid, investments are managed, and your family’s financial needs are met if you’re incapacitated.
• Life Insurance: A well-structured life insurance policy provides immediate tax-free funds to support your family, pay off debts, and cover future expenses like education. It’s especially crucial for young families with mortgages and other significant financial obligations.
• Registered Education Savings Plans (RESPs): These tax-advantaged accounts help secure your children’s educational future. Proper estate planning ensures these accounts continue growing and are managed according to your wishes.
• Beneficiary Designations: Properly designated beneficiaries on registered accounts like RRSPs, TFSAs, and insurance policies ensure these assets transfer efficiently outside of your will, avoiding probate delays and fees.

Taking the First Step

Think of estate planning like building a house – your will is the foundation, but you need other elements to create a complete and secure structure. At Kurie Moore Law Group, we can help you understand how these different tools work together and guide you in creating a comprehensive plan that protects your family in all circumstances. Contact us at 780-809-3545 to learn more about building a complete estate plan that gives you confidence in your family’s future.