Hayher Lee LLP

Child support in Alberta is guided by a principle that prioritizes the child’s right to financial stability, even after parents separate. ‘Guideline income’—typically the paying parent’s gross annual income from all sources—serves as the foundation for calculating support payments. To ensure fairness, guideline income can account for fluctuations, deductions, and even imputed income based on earning potential. At Hayher Lee LLP, we encourage parents to approach this calculation accurately and collaboratively, providing their children with the support they need. Learn more about how guideline income affects child support obligations and why regular reassessment can help keep arrangements fair. https://lnkd.in/gGBy3CWr #HayherLeeLLP #ChildSupport #FamilyLaw #AlbertaFamilyLaw #GuidelineIncome #ParentalResponsibilities #ChildSupportGuidelines #CalgaryLawyers

Our own Andy Hayher KC will be co-chairing and speaking at the upcoming two-day Alberta Litigation Institute in March hosted by LESA. Andy will be presenting on appellate advocacy with Justice Jolaine Antonio from the Alberta Court of Appeal & will be speaking on family law advocacy with Krysta Ostwald, KC of Jones Divorce & Family Law & Marc Massie of WK Family Lawyers LLP.

Going through a divorce is a personal journey and having the right guidance can make all the difference. At Hayher Lee LLP, we believe in a tailored approach, ensuring that every step—from selecting your lawyer to finalizing your divorce is appropriate and proportionate to your unique situation. In this article, Stacey breaks down the key steps to a divorce in Alberta, including financial disclosure, resolution strategies, and the process of submitting your divorce application to the courts. If you're ready to start this journey or simply want to learn more, please do not hesitate to reach out. https://lnkd.in/gnxTx698 #HayherLeeLLP #DivorceLaw #FamilyLaw #AlbertaDivorce #LegalGuidance #CalgaryLaw #SeparationAgreements #DivorceProcess #FamilyLawyers

Parental alienation and estrangement can be complex and emotionally charged issues in family law cases. Recent decisions from the Court of King’s Bench, including 𝐋𝐒 𝐯 𝐌𝐊, explore the nuances between these two concepts. While parental alienation often stems from one parent’s actions that influence a child’s rejection of the other parent, estrangement can occur due to factors beyond either parent’s control. Andy's article delves into this important distinction, key behaviours observed in alienation cases, and guidance for navigating these sensitive situations. Understanding these differences could be crucial if you're navigating a family law matter. https://lnkd.in/giJ_Y3ut #HayherLeeLLP #FamilyLaw #ParentalAlienation #ParentalEstrangement #AlbertaLaw #ChildCustody #LegalInsights #CalgaryLaw #ParentingPlans #FamilyMatter

In Alberta, navigating common law relationships—or Adult Interdependent Partnerships (AIPs)—requires a clear understanding of what it means to "live together." A recent case, Abbott v Mamdani, 2024 ABKB 342, successfully argued by Andy Hayher KC and Jordan Lantz of Hayher Lee LLP, has shed new light on this topic. Justice Gaston clarified that while continuous cohabitation under the same roof for three years is one way to establish an AIP, an intention to cohabit interrupted by valid external circumstances (e.g., work, health, or academic obligations) can also meet the criteria. However, there must be clear evidence of mutual intent to cohabit. In Abbott, the Court found no such intent, despite a four-year romantic relationship, due to factors, like restricted home access and communications showing the parties, did not view themselves as "living together." This decision emphasizes the importance of both intention and evidence in AIP determinations. Understanding your rights in AIP cases is essential. If you have questions, the team at Hayher Lee LLP is here to help - read more in Jordan's article below. https://lnkd.in/gv8PQs5b #HayherLee #FamilyLaw #AlbertaLaw #AIP #CommonLaw

The rule in 𝐁𝐫𝐨𝐰𝐧𝐞 𝐯 𝐃𝐮𝐧𝐧 has been shaping courtroom fairness for over a century. This landmark case from 1893 established that if a party aims to challenge a witness’s credibility with contradictory evidence, they must give the witness a chance to respond. Rooted in fairness, this rule prevents 'trial by ambush' and promotes transparency in both criminal and civil cases. Andy's article dives into what Browne v Dunn means for modern-day litigation, when it applies, and the remedies if breached. A must-read for anyone interested in courtroom procedure and fairness. https://lnkd.in/gY4FFQXC #HayherLeeLLP #BrownevDunn #LitigationLaw #CourtroomFairness #LegalPrecedent #Credibility #CalgaryLaw #LegalInsights #TrialProcedure #KnowTheRules

Thinking of appealing an interim order? Before investing time and resources, it's essential to understand the purpose and limitations of interim orders in Alberta family law. Interim orders are designed as temporary measures, often made with incomplete evidence. The Alberta Court of Appeal has cautioned that these 'band-aid' decisions may not be worth appealing in most cases. Andy's article explores when an appeal might be justified and why parties are generally encouraged to focus on a final resolution. Read on to make an informed decision. https://lnkd.in/gvmmHvvu #HayherLeeLLP #AlbertaCourtOfAppeal #FamilyLaw #InterimOrders #Appeals #CalgaryLaw #LegalGuidance #KnowYourRights #FamilyLawAppeal #ResolutionFirst #LegalAdvice

Navigating holiday parenting time can be particularly complex following a separation. Whether it is Christmas, Thanksgiving, Spring Break, or Summer Vacation, Alberta Courts focus on the best interests of the children when determining holiday schedules. While equal time is often found to serve the children’s best interests, this is not always the case. Each family’s circumstances are unique, and the Courts will assess each situation accordingly. At Hayher Lee LLP, we understand the challenges that arise during the holidays and are here to help. Want to learn more? Read Marty's article below for some more helpful tips and guidance. https://lnkd.in/gBr969YQ #FamilyLaw #HolidayParentingTime #CoParenting #ChildCustody #DivorceLaw #HayherLeeLLP

Seeking child or spousal support across provincial lines? Interjurisdictional Support Orders (ISOs) ensure that support obligations are enforceable, no matter where the parties reside in Canada. Jordan's latest article breaks down how ISOs work in Alberta, the steps involved, and the legal framework that supports families as they navigate cross-border support matters. Whether you're looking to register, enforce, or modify a support order, understanding ISOs is essential to achieving fair outcomes. Learn more about the ISO process in Alberta and how it can help provide financial stability across provincial boundaries. https://lnkd.in/g3Zq-7WC #HayherLeeLLP #FamilyLaw #InterjurisdictionalSupport #ChildSupport #SpousalSupport #ISO #LegalGuide #CalgaryLaw #AlbertaLaw #CrossBorderSupport #LegalSupport #FamilyLawCanada

Wondering how to change your child’s name when the other parent or guardian won’t consent? Navigating this process can be challenging, but with the right legal support, it’s possible to understand your options and move forward. Yasemin's latest article provides a clear guide on the steps, legal requirements, and potential challenges involved. If you're considering a name change for your child, this guide can help you make informed decisions. Read the full article to learn more about your rights and responsibilities in Alberta. https://lnkd.in/g4gDtxj2 #HayherLeeLLP #FamilyLaw #ParentalRights #LegalGuide #CalgaryLaw #YYCLaw #AlbertaLaw #ParentingDecisions #LegalSupport