Are you knowledgeable in Edmonton/Alberta Family Law? Specifically divorce, custody, child/spousal support? No papers

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Customer: Are you knowledgeable in Edmonton/Alberta Family Law? Specifically divorce, custody, child/spousal support?
JA: What steps have been taken? Have any papers been filed in Alberta family court?
Customer: No papers have been filed, we are in the early stages of negotiation.
JA: Have you talked to a lawyer about this yet?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Legal Ease in 2 hours 1 year ago
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Legal Ease
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Legal Ease
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Jessica

Jessica

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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Legal Ease, Expert

I'm sorry to hear that it sounds like you may be difficult situation.

Please let me know the basic facts and then your specific legal question.

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Legal Ease, Expert

Without the information I requested, I can only give a general answer, but I hope this is helpful. ]

I am very knowledgable in this area of the law but I don't know what your question is so what I'll tell you generally is that with respect to the children the court will make its decision based on what it finds to be in the best interest of the children and if the children live with one parent the other will have to pay child support based on their income and the federal child support guidelines.

If one spouse has been supporting the other through the marriage they will need to provide some spousal support going forward.

Does not help at all as a starting point?

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!

Customer
Hi, I apologize for the delay in getting back to you. I am reading your answers now, and will try to provide the additional detail you requested.
Customer
Hi Debra, thank you for your reply.We were married in late 2016, had our first and only child late 2017. Since birth I have been the primary caregiver and since our separation the child has lived solely with me. We separated late 2018, continued living together until mid-2019 when I was unable to live in the home any more due to mental abuse/stressors from my husband and brother-in-law.
Customer
Considering my ex has been very limited in his interactions with our child (he works two full time jobs - approx 80hr weeks) and has mostly been a "father" via phone calls or video chats with his child, I'm wondering what are the odds of getting sole custody?
Is it worth getting a lawyer and fighting him for it, or is it more likely that a court will still decide on joint custody?
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Legal Ease, Expert

I don't think the court will decide on joint custody at all. You haven't had joint custody ever so why would the court want to alter a status quo now?

The father has a little interactions with a child so how could the father have joint custody? I don't think it's a concern.

Customer
with respect to spousal support, in 2017/18 I was off work for maternity leave, 2019 I was off on medical leave due to a car accident. I did receive gov't support, and while my ex never gave me money or paid my bills in any way; he definitely had a higher income than I did. What would the conditions for eligibility for spousal support be in this case?
Customer
Also, we separated Sep 2018; and child support has only recently started to be paid (approx 8-months at 24% of what the Department of Justice has suggested based on 2019 spouse income)... am I able to claim past due child support?
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Legal Ease, Expert

You were not together very long and so spousal support is not likely something you will be entitled to.

In terms of child support The court will likely make an order for retroactive after child support in this case.

Customer
in summary, in your opinion: if taken to court, a judge would likely rule in my favour for sole custody with retroactive child support payments from the date of separation? However, no spousal support would be payable (which I wasn't really expecting).If you don't mind my asking, do you still practice family law in Alberta? Or is this information based on your past experiences in previous years? (or both)?
Customer
Is it possible to work with you during this process, in terms of retaining your services outside of the chat?
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Legal Ease, Expert

I am actually retired but there are many excellent family lawyers in Alberta.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Customer
I see. Ok thank you so much for the information! I appreciate your help and talking me through these questions.
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Legal Ease, Expert

You are very welcome.

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!

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