Divorce Lawyer Edmonton | To Reasonable Child Support Facts
From hearing other people talk about the situation. As well as the media, both television and movies. A lot of the entertainment. Comes from the United States, which have different child support laws and rights.
Therefore, many people might make assumptions. That the laws in Canada or Alberta. Are similar when they are not. Therefore, there is a lot that parents can learn. If they are divorcing or separating with children.
And learning the correct information. Can help them avoid making mistakes, that can cause them. To get into deep trouble with the court. Or end up costing them more money than it should have in the long run.
One of the first things that divorce lawyer Edmonton wants to impress upon parents. That child support is actually the legal mechanism used. To ensure that both parents are continuing. To financially support the life they created together.
It is not the obligation of one parent or the other. But in fact the unalienable right of the child. To have gave them life. To continue to support them. Therefore, when people are talking about child support.
It is not one payment from a parent to the other. Or something that can be negotiated away. Or negotiated down, the way that one might negotiate alimony. But a payment that is mandatory at all times.
Even if a parent decides to walk away from their child. And legally give up their parental rights. They are still for the most part obligated. To pay child support says divorce lawyer Edmonton.
Even if one parent decides to withhold access. That does not mean the other parent. Is off the hook for paying child support. But rather, they should talk to their divorce lawyer Edmonton. And go to court in order to gain access once more.
As well, child support is calculated. By figuring out where the child is living. Therefore, when people are divorcing or separating. They need to decide. At least temporarily, for the time being. Where the children will be living.
The parent that has the children more often. Will be the one receiving child support payments. To offset the necessities of life. That they will already be paying for, such as food, clothing and shelter.
The child support will be calculated. By looking at the parents income, as in line 150. Of the parents notice of assessment. From the last time they file taxes. This is one of the reasons why.
When parents divorce, they are going to receive a notice to disclose in the mail. Which is a court ordered request. To submit the notice of assessment not only to the court. But to their former spouse as well.
Failure to do so will generally end up. With the parent who does not disclose their finances. Paying more in child support than they ultimately would have had to. If they cooperated with the court in the first place.
Divorce Lawyer Edmonton | To Reasonable Child Support Facts For Parents To Know
Even though many people may think they understand child support says divorce lawyer Edmonton. Very few truly understand. Even if they have gone through the process. It is complex and there is a lot of misinformation about it.
One of the first things that people should keep in mind. Is that child support is the right of the child. And is not dependent in any way shape or form. On how often they do or do not see their child.
Some parents may think that if their former spouse. Is denying or withholding access. That gives them the right. To withhold child support payments. It is an awful way for parents to carry on.
Using their children to punish the other parent. However, divorce lawyers say it plays out in Alberta courts everywhere. However, parents should understand. That even if one parent withholds access.
Or even restricts access, that does not give the parent any rights. To withhold child support payments in any way shape or form. As well, the opposite is also true says divorce lawyer Edmonton.
If a parent is not paying child support for any reason. A parent is not legally allowed. To deny them access to their child. However, parents should keep in mind. That child support payments are not considered punitive.
That is to say, child support payments are not a penalty. And as such, they can change over time. Depending on where the child lives. Or the parents finances from year-to-year.
The court does not want a person to enter into financial hardship. In order to make their child support payments. And rather than stopping their payments. If they cannot afford them, they should contact their divorce lawyer Edmonton.
And go to court in order to ask for a reduced amount of payments. They can submit more financial documentation. Showing that they have had a change in income. Such as getting laid off, or changing jobs.
And they can either have their child support payments reduced indefinitely. Reduced temporarily. Or even offset for a few months. Until their finances recover. And in that case, they will have to repay the payments that they missed.
At a bit of a later date. As well, there are even mechanisms in place says divorce lawyer Edmonton. Specifying that if a parent has wildly fluctuating income. Such as they depend solely on commission or tips.
They can enter into a program with the courts. Where they show proof of their income. On a month-to-month basis. And are only responsible to pay. The child support based on a percentage. Of that fluctuating income.
The court system wants to see parents cooperate. And live up to their expectations of caring for. The life that they created. Parents simply need to ensure that they are working with the court. To ensure that happens as well.
If parents have any questions. About child support, divorce or separating. They can contact the legal experts. At eLaw Alliance in Edmonton. For a consultation to help them understand.