Divorce Lawyer Edmonton | Understanding Child Support
Child support is often a highly volatile and contested issue, according to Divorce Lawyer in Edmonton, Janan Jarrah of eLaw Alliance. Often when relationships or marriages end, there are hurt feelings, and communication has long since broken down. Which means communication regarding child access, co-parenting and support matters are often very strained.
However, when parents come to eLaw Alliance in Edmonton for help with their divorce, learning the fact can help. Divorce Lawyer in Edmonton, Jarrah says parents are much more likely to co-operate, when they understand the laws in place. That can help them make better, and less emotional decisions, that will ultimately be the right thing.
Don’t Withhold support
As tempting as it may be to withhold child support, or access to someone who’s hurt you, says Jarrah. Knowing that you could end up in court, paying fines, or in some cases, jail. That often helps people do the right thing. One of the first things that Jarrah tells her clients is that paying child support is not only not optional, but support payments are the right of the child, and parents cannot decide or agree not to pay for any reason.
According to the Family Law Act of Alberta, child support is actually a legal right of the child, and they are entitled to it by law. And the ramifications of not paying are far-reaching, as well as long lasting. Divorce lawyer Edmonton expert Jarrah says that judges can actually refuse to grant a divorce to a couple, if they are not certain that adequate support arrangements have been met.
The Court System is designed to protect children
In fact, the court system is designed to protect children and their rights first, so often the first things to figure out is where the children will be living, as that influences child support payments. Usually, the parent who has the child most often is the one receiving support payments. However, there are a few exceptions as outlined in the Family Law Act of Alberta.
Things to Understand about Child Support
As well, it is becoming increasingly common for people to share access equally. And in that case, there is no parent with more access than the other. Parents often mistakenly believe that in these instances, child support payments aren’t necessary, but that’s not correct. Janan Jarrah, divorce lawyer in Edmonton says that it changes how the payments are calculated. The support paid, is the difference between what the parents would end up paying, if they were the ones having to pay child support.
Something else that many parents get wrong at first, is that there is only one type of child support. If one parent has medical and or dental insurance for the child through workplace benefits, the court can actually order that the employer continue to extend those benefits to the child. As well, Jarrah says, there are special or extraordinary support expenses.
Some possible special Expenses
These special expenses can include, but are not limited to expenses incurred due to an illness, injury or a disability, school and extra curricular expenses. If a parent would like help from the other parent in paying for what they consider a special, or extraordinary expense, they should contact their divorce lawyer in Edmonton, such as the experts at eLaw Alliance in Edmonton. Who will help the parent prepare the application and go through the courts to have a judge rule on whether it is in fact a special expense, and then calculate what the other parent will pay.
It’s also important to note that a parent may not have to go through undue hardships to pay child support. There are many different definitions of what constitutes undue hardship. Parents can read up on the Family Law act at www.canlii.org, or consult their divorce lawyer Edmonton. That will apso form part of the judge’s decision on whether a parent should pay special expenses, and if so, how much. Any parents going through a separation or divorce should have a great legal team helping them. Contact eLaw Alliance today for your free consultation and ensure you’re doing the right thing.