Divorce Lawyer Edmonton | To Pre-Should Child Support Facts
It is of paramount importance according to divorce lawyer Edmonton. That parents need to understand. Child support laws as they pertain to themselves in the province of Alberta.
According to the two Law act’s, the divorce act. As well as the family Law act. Have provisions that are the same. Related to child support being paid for children. Many parents often believe incorrectly.
That children the reason why child support is paid. Is to offset the cost of raising the child. And as a payment from one parent to the other. And while this is how child support is usually paid and collected.
Parents need to understand that child support is not a supportive the parent. What an undeniable right of the child. This is because the law needs some way of ensuring. That both parents remain responsible.
If only financially to the life that they created. It is vastly important that parents understand. That child support us to be paid. And in absolutely no circumstances. They negotiate away payment.
They may think that if they share access of the child. Equally, that they do not have to pay child support. Which is incorrect. They might believe that if one parent is on social assistance. Child support does not need to be paid.
This is also wrong says divorce lawyer Edmonton. They also might believe if they cannot afford the payment. That they do not have to pay. Or if they walk away from their parental rights. That they do not have to pay child support.
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All of these are incorrect assumptions. Underlining the need for parents to understand. What is child support. And why it is an inalienable right of the children. No matter what, it needs to be paid.
And although it is a requirement by law. Parents should understand that it is also not meant. To be punitive in nature. It is not meant to be more money. Then a parent can afford.
Which is the exact reason why parents should always. Ensure that they have the most up-to-date financial information sent to the court. So that they do not have to end up. Paying more money than they are able.
Divorce lawyer Edmonton says once the court has their notice of assessment. They will know approximately what percentage the parent. Will pay child support, based on their income.
However, if a parent does have extra bills. Or additional financial hardships. For example, they are the sole caregiver for a parent who is now ill. The court may temporarily or permanently.
Reduce child support payments. Or allow a person to take a break from paying them. With the promise that they will make up the missed child support payments in the future.
As well, a parent cannot get out of paying child support. If the other parent is denying access. In that case, they should have their divorce lawyer Edmonton. Go to court and inform the judge of exactly what is going on, rather than avoiding their financial obligation to their child.
Divorce Lawyer Edmonton | To Preschool Child Support Facts Everyone Should Know
Child support is the right of the child says divorce lawyer Edmonton. And in Alberta, it is very important. That parents understand this. Because it will ensure that they do not get into legal trouble.
One of the first things that needs to be decided. When parents separate or divorce. Is where the children will be living. The reason why this needs to be decided, is because it affects.
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How child support is paid and by whom. While this does not need to be permanent. And parents can always make changes, and that the court know. In order to change child support orders.
Typically, child support is calculated. By who has the child or children. More than 50% of the time. If there is not a big difference. Between access of both parents. Which is also considered best by the courts.
Then, some parents might make the incorrect assumption. The child support does not need to get paid. However, it still does. But it is paid as per section 9 of both the divorce Law act. As well as the family Law act in Alberta.
According to section 9, also called set off child support. The difference between both parents income. When they have equal access to the child. Is what the child support calculation is based off of.
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It will be a percentage of the difference between two parents income. With the higher income earner paying child support to the other. While this might seem redundant. Since both parents will share access.
It is in fact the legal mechanism according to divorce lawyer Edmonton. To ensure that both parents. Our equally contributing. To the life that they created together. If there is a difference in access.
Such as a sixty forty split. Or seventy thirty for example. Then the parent who has access the least. Pays the child support. In order to offset the necessities of life. That the other parent has already paid for.
Such as food, clothing and shelter. Since it is to offset the amount. That the courts have assumed parent is already paid for. Divorce lawyer Edmonton says this is the exact reason. Why one parent can never dictate.
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What the parent who receives child support money. Can spend the money on. The court assumes that since the child already has food, clothing and shelter. The parent who receives the money. Can spend that money anyway they wish.
As long as the child’s necessities of life are cared for. If not, that does not mean. That the parent can dictate how that money is spent. Instead they should get their divorce lawyer Edmonton. To petition the court to check in on the welfare of their child.
While many people have a lot of misconceptions. And assumptions about child support in Alberta. Divorce lawyer can illuminate them on this concept. And ensure that they do not do the incorrect things get in trouble court.