In what circumstances will the court award a substantial irrevocable trust for the benefit of the children under s. 15.1 of the Divorce Act?
Alberta, Canada
The following excerpt is from H. (A.S.) v. H. ( S.L.), 2000 ABQB 233 (CanLII):
In Davidson v. Davidson, [1998] A.J. No. 1040 (Q.B.)(QL), a substantial irrevocable trust had been established by the husband for the benefit of the children. The court found that the trust deed was a written agreement respecting financial obligations of the spouses which fell under s. 15.1 of the Divorce Act, and the case is distinguishable on that basis. That section allows the court to make an award that is different than the amount under the guidelines if it is satisfied that there are special provisions for the benefit of a child and where the application of the guidelines would result in child support that would be inequitable given those special provisions.
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