Legal Q&A and Family Law Matters

Guest: Heather Malaryk and Evan Clarke

Episode Details

Legal jargon explained and your burning questions on child support, spousal support and property division. This episode has something for everyone!

User Guide - Spousal Support Advisory Guidelines (April 2016)

Episode Notes

Affidavit – Is a sworn statement that is in writing. It must be the truth.

Consent order is a court order– People went to court and they agree on something formal, they take it to the court for a

judge to agree with and grant. Can be parenting, child support, spousal support,  travel

When are we separated – Separated when you decide you are separated. Main reason it matters is you need to be separated

for 1 year before divorce (some exceptions).

Subpoena – A judge will compel someone to be a witness in a proceeding.

Appeal – Is what you do when a mistake is made on decision by the court. Generally goes up a level in the court. There are specific criteria to do this. There is a limited period to do this.

What does it mean to petition the court – To bring a question to the court with an application Commissioner for Oaths – Is someone who has

taken an exam from a lawyer and is able to administer an oath or declaration – to swear an affidavit. It can be a lawyer, court clerk at the court house (free and best option), a registry office (they don’t know how to deal with exhibits). You get a seal when you qualify.

LLB and JD – LLB bachelor of law, JD Juris doctor – more recently adopted in Canada (from US). Equivalent.

Minute 29

Child Support

Child support is the right of the child – doesn’t matter where they are living. When 1 household turns into 2, there is a

reduction is money. If one person has the kid more than 60% of the time, you pay. Use line 150000 to determine child support. Child support is generally not flexible – parents can negotiate it. You can’t dictate how the other parent will spend the money.

Under divorce act – children of the marriage ((under 18 or over and cannot leave the charge of the parents (full

time attendance of Uni or disability (can’t support themselves)).

You have to pay child support, even arrears. You can work with MEP to setup a payment plan.


Minute 58 – if the person receiving the entitlement has more money than the other person, there is no spousal support payable.

Spousal support can be contention – look at the User Guide on the website to take a deep dive.


5 categories of Property exemptions Section 7: Minute 1hr 10min

1.       Any property acquired before relationship

2.       Gift from one spouse to the other, or 3rd party

3.       Inheritance

4.       Tort claim (settlement)

5.       Proceeds from Insurance policy that is not insurance in respect of property unless the proceeds for loss are for both spouses. For one party isn’t included. The value of the property the day it was acquired

Guest Bio

Heather Malaryk holds a B.A., Psychology with Distinction (2000) and an L.L.B. (2006). She started her career at Weir Bowen LLP, a general practice law firm that specializes in medical malpractice, personal injury, and insurance litigation. In 2009, Heather shifted her practice to the Family Law Office of Legal Aid Alberta, where she assisted clients in all areas of family law including divorce, property division, spousal support, child support, parenting/custody/access issues, Emergency Protection Orders, and child protection. In 2017, Heather and 4 of her friends and colleagues started Latitude Family Law LLP, where she was a partner until starting Merak Law in 2021, where she continues to practice exclusively family law.

She has appeared at all levels of Alberta courts and has conducted trials, hearings, special chambers, JDRs, and has participated in countless out-of-court negotiations. Her focus is on out-of-court dispute resolution. She looks forward to helping you!


Guest Bio

Evan grew up in Nanaimo on Vancouver Island where he worked in his father’s financial planning business before starting his own tile installation company in 2006. After the financial crash of 2008 he left the Island to get a B.A. in Spanish and Hispanic Studies, and Linguistics at UBC. Upon graduating in 2014 he moved to Edmonton where he earned his Juris Doctor from the University of Alberta in 2017.

From his first summer at law school in 2015 until 2020, Evan worked, articled, and practiced at a rural northern Alberta firm. He received daily mentorship as he worked primarily in family law, estate planning, and corporate law, which are the focus of his practice, along with entertainment law (music).

A passionate entrepreneur, Evan joined the Edmonton location of Kahane Law Office* in 2020 to help expand its reach by opening the Edmonton location. An active entrepreneur himself, Evan enjoys assisting business owners overcome the issues they face – whether they be the issues associated with just starting out, or the pains that come from success and growth.

A member of the Canadian Armed Forces Primary Reserve since 2009, Evan uniquely understands the issues facing Canadian Armed Forces members. He has taught on numerous military courses, including 8 “basic trainings”. He has received various awards, including the 41 Signal Regiment Command Team Coin, 61st Field Battery Command Team Coin, and the Top Candidate Award on the Signal Operator and Army Communication and Information Systems Specialist trades courses. He was also awarded the Operation IMPACT Command Team Coin by Brigadier General St-Louis while serving a 7-month tour in Kuwait as a member of the Operational Support Hub, South West Asia in support of Operation IMPACT. He parades with 41 Signal Regiment, 1 Squadron (Edmonton), where he serves as the A Troop WO in the rank of Sergeant.

Evan is the father of 5 children. When he’s not with them or at the office you can find him in his basement recording studio, or playing soccer or ice hockey.

* While Evan practices under the Kahane Law Office trade name, he is registered and only provides legal services under his own distinct legal entity law firm registered with the Law Society of Alberta.


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