Divorce Lawyer Edmonton | 3 Considerable Child Support Facts
Parents divorcing or separating with children requires a good divorce lawyer Edmonton. Because there are many legal situations and scenarios. That parents cannot afford to get wrong.
Many parents often believe. That child support is a payment to the other parent. To help pay for the cost of raising the child. However, while it is a payment to the other parent. Child support is a right of the child.
That says that every child in the province of Alberta. Has the right for both parents. To contribute to their financial upbringing. And child support is the mechanism in which they do that. Therefore, parents should understand.
That under no circumstances are they able. To negotiate away child support. Or agree, that they both do not need a payment. So they will waive child support payments to each other.
Whether they can afford it. Does not factor into the decision. And according to the law, divorce lawyer Edmonton says they cannot make that decision. On behalf of their child.
This is also why it is impossible for one parent. To waive their parental rights in exchange. For not having to pay child support. Even if a parent is willing to walk away from their child.
They are still obligated to pay child support, as they created life. If they are not willing to pay for the life they created. They should not have created life in the first place. However, there are also many facts.
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What child support that many parents are not clear on. Or they have made assumptions incorrectly. One of the most common assumptions according to divorce lawyer Edmonton. Is that if both parents share access equally.
Which means they both have their children approximately 50% of the time. They do not owe child support to each other. This might seem to make sense. And this scenario, is actually is what the court considers.
To be in the best interest of the child. However, this does not negate the requirement. For one parent to pay child support to the other. When parents share access equally. The child support is calculated as per section 9.
Of both the family Law act of Alberta. As well as section 9 of the divorce act of Alberta. Which specifies. That the parent who earns more money. Will be the one that pays child support when they share access equally.
According to line 150 on their notice of assessment. From the last time they file taxes, they will both declare their finances. Not only to each other, but to the court system. And the parent who earns more money.
Will pay child support. The amount of child support that they will owe according to divorce lawyer Edmonton. Is a percentage of the difference between both parents income. However if this ever changes.
Either parents income. Or the living situation with the children. This can get reassessed very easily. By having their divorce lawyer petition the court. To inform them of the change. And asking for a reassessment of child support.
Divorce Lawyer Edmonton | 3 Considerable Child Support Facts Parents Should Know
Even though all parents must pay child support says divorce lawyer Edmonton. If they divorce or separate, there is still a lot of. Misinformation about this important law.
According to the laws of Alberta, both parents owe their child. Whether it is financially, or in actually raising them. And both parents must contribute to this.
It is a common misconception. That if a parent is not involved in their child’s life. Whether they have made a decision and walked away. Or one parent is denying them access.
That they do not need to pay child support. This is a definite unfortunate situation says divorce lawyer Edmonton. But it does not negate the responsibility. That a parent will have to pay child support regardless. Even if a parent is not seeing their child. They still have to pay child support as mandated by the court. Based on how often they do see the child. And a percentage of their income.
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Even though this is the reality, many parents believe. That if they do not see their child. They do not have to pay, which has lead to a lot of retaliation. From one parent trying to punish the other.
By withholding child support. If the other parent is withholding access. However, if a parent is either withholding access or child support.
The best scenario is for that parent to get their divorce lawyer Edmonton. To inform the court of what is happening. So that the court can be involved to ensure that both parents. Are upholding their obligations to their child.
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Something else that parents need to understand. Is that child support is not considered a penalty. And the amount of child support is not meant to be punitive. Or something that is difficult for parent to pay.
If a parent is under financial difficulty. All they have to do, is go to court. And inform them that they are having trouble. For example they might have lost their job. They might have got a job where there are making less money.
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Or they might have an exorbitant amount of bills at this point in time. The judge, along with their divorce lawyer Edmonton can make the decision. To permanently or temporarily reduce child support payments.
Or have the parent excused from making. Child support payments for a predetermined amount of time. If they do get to stop making child support payments. The court will inform the other parent.
But when there financial circumstances have improved. The parent will not only have to go back to making. Child support payments, but they will also have to make up. All of the child support payments that they missed while taking a break.
As well, there is a mechanism in place. For parents who have fluctuating income. So that they do not have to pay child support from month-to-month that is too high or too low.
For information about this and other child support matters. Parents can contact the Law alliance. For free consultation today.