Divorce Lawyer Edmonton | 3 Facts About Child Support To Know
Child support can be very contentious admits divorce lawyer Edmonton. However, if both parents understand the legal process. As well as the fact that child support is the right of their child.
Then they may be able to navigate the difficult waters. And separate or divorce amicably. While ensuring that the child. Maintains a great relationship. With both parents.
According to the Alberta laws. Written both in the divorce act of Alberta. As well as the family Law act of Alberta. Child support is actually classified. In three separate and unique categories.
Section 3 includes all of the expenses. That are under the categories. Of food, clothing and shelter. Also known as the necessities of life. These are calculated by taking a percentage of income from the parent who has less access.
And that percentage will be there child support payments. If they change jobs, lose a job. Or have any other extenuating financial circumstances. They should contact their divorce lawyer Edmonton and petition the court.
In order to reduce child support payments. As it is not a penalty. The court has no problem with changing child support. To reflect the parents knew financial status.
However if both parents share access, then section 3 expenses are not needed to be paid. It is now considered section 9 expenses. Also known as set off child support. When both parents share equal access to the children.
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Which is actually considered in the child’s best interest. According to the Alberta court system. Then the parents will pay child support as set out in section 9 of the divorce act. As well as the family Law act of Alberta.
It is calculated which parent earns the most income. As stated online one hundred and fifty of their last notice of assessments. And the parent who makes more money. Will pay a percentage of the difference of their income.
Ultimately, the higher income earner pays percentage. To the lower income earner. This is the legal mechanism that is in place. To ensure that both parents are paying for the life that they created.
And child support is in fact a right of the child, not an obligation of the parents. However, there is a third type of child support says divorce lawyer Edmonton. That many people may not be aware of.
Section 7 expenses. Our considered extracurricular activity expenses. Such as lessons or classes. But can also include things like daycare expenses, or afterschool care as well.
The most important thing to understand about section 7 expenses. Is that both parents are obligated to contribute. And they can are only obligated to contribute. As far as they can afford is determined by.
There divorce lawyer Edmonton as well as the court system. If both parents cannot pay for the entire cost. Of the expenses that they are looking to pay. The net simply means that the child shall not be entered into that program or class.
Divorce Lawyer Edmonton | 3 Facts About Child Support All Parents Should Know
Child support is a right of the child says divorce lawyer Edmonton. And it is not something that parents can negotiate away. However, it is also not considered a penalty. Therefore, the courts do not want to be financially prohibitive.
However, every year. There parents who try to get out of paying this expense. And they try many different things. Including denouncing their parental rights. And agreeing to walk away from their child forever says divorce lawyer Edmonton.
While this is very devastating I am sure, to the parent and the child. This does not work in reality. According to the court system, of person who creates life. Is responsible for that life indefinitely.
Therefore, even if they are willing. To walk with the child and never see them again. They are still going to be held responsible by the court. To pay child support until the child no longer requires it.
This also means that if a parent is withholding access. That parent that does not get to see their child. Still owes child support. However they would be strongly encouraged by their divorce lawyer Edmonton. File a petition with the court.
To be able to see the child, especially if they want to. The court considers the child seeing both parents. As in the child’s best interest. And they do not look kindly upon. One parent that is withholding access from the other.
However in no circumstances should a parent. Who is denied access withhold child support. Because especially in legal terms. Two wrongs do not make a right. If a parent withholds access.
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That does not give the parent the right withhold child support. They should continue making child support payments. Until the matter comes before the courts. And they can argue that it would like to see their child again.
And the reverse is also true. If a person stops paying child support for any reason. The appropriate response is to use their divorce lawyer Edmonton. To petition the court to get that child support back.
And if they stop allowing access, then that parent can get in trouble. Therefore, even if it is very hard. And both parents are very angry at each other. They should not withhold access. And they should also not withhold child support either.
There are other circumstances surrounding child support. Such as many people believe. That child support longer needs to be paid. When the child gets to the legal age of majority.
Which in Alberta, is eighteen years of age. While this is usually the case. In some circumstances, such as the child is enrolled. In postsecondary education, child support can be required.
Until they are out of their program, up to the age of twenty-five. And in other circumstances, the child is dependent on one parent. Because of circumstances or disabilities. And in that case, child support may require to be paid indefinitely.
To find out more about child support, parents should contact their divorce lawyer Edmonton. For free one hour consultation to get the facts straight.