Divorce Lawyer Edmonton | 3 Great Child Support Facts
While nobody gets into marriage wanting a divorce, however divorce lawyer Edmonton says. Many people face the situation every year. And these circumstances get a bit more complicated when children are involved.
It is very important that parents understand. That the laws governing children and child support. Whether it is a legal marriage, or common-law. Are very definitive and the same for both circumstances.
People can read about the laws for free online. Looking up the divorce act of Alberta. Or the family Law act of Alberta. They are available for free online from the CANLII Library.
However, both of the law acts will specify. That paying child support is actually considered. A right of the child, not a parental right to negotiate. Unlike alimony, that person can waive or claim.
Child support is the legal mechanism. That ensures both parents can financially care for. The life that they created together. This is why it is extraordinarily rare for any court system.
To agree that a parent does not have to pay child support. Even if they are willing to surrender their parental rights. This is also why even if a parent is withholding access. That the other parent cannot withhold child support.
And while this is a common scenario. Divorce lawyer Edmonton will say that two wrongs do not make a right. And if one parent is withholding access. The other parent should go to court and petition the system.
To ensure they can get to see their child. Because if they withhold child support. Then both parents will be in the wrong, and can be penalized for it. As well, the reverse situation is also true says divorce lawyer Edmonton.
Parents that is withholding child support. Cannot have the other parent withhold access legally. Again, if this is a scenario. The parent who is denied access. Should bring their divorce lawyer Edmonton to court. In order to reclaim their parental rights.
As well, if a parent does not uphold their obligation to the children. And do not pay child support, it will also trigger. A program within the province of Alberta called the maintenance enforcement program or in the first short.
This organization has significant authority within the province of Alberta. And their entire purpose of existing. Is to enforce delinquent child support orders. They have large authority to enforce the orders.
Which gives them the authority to suspend drivers licenses of the parent who is delinquent. Confiscate their passports, garnish their wages. And even sees their assets just to name a few things that they can do.
If a parent is unable to pay for child support. The best thing that they can do is to utilize their divorce lawyer Edmonton. And go to court, in order to reduce child support amounts.
Very important that parents understand that child support. Is not a penalty. And as such can be reduced when needed. If a person is going through financial hardship. Such as increased bills, lost their job. Or even got a lower paying job.
Rather than simply not pay child support. They can get their child support payments reduced temporarily or permanently. For more questions, parents can contact the Law alliance today.
Divorce Lawyer Edmonton | 3 Great Child Support Facts All Parents Should Know
Child support is a contentious issue for many says divorce lawyer Edmonton. However all parents should understand. That it is actually a right of the child to have. Both parents contribute to their financial well-being.
This is why it is never going to be something. That the court system will authorize. Is one parent getting out of their child support payments. Even if they really wish their rights to the child.
However, that being said there is a lot of misinformation. When it comes to child support. Partially because a lot of the media that people consume. Is from the United States, that has different laws.
Therefore, all parents can learn a significant amount. And ensure that they do the right thing. When it comes to child support when they are in the province of Alberta. One of the first things that people should understand.
Is that it is the right of the child to have both parents contribute to their life. And under no circumstances is it possible. For one parent to get out of paying child support for any reason says divorce lawyer Edmonton.
Some parents may try to avoid child support. By fleeing the country. This is most often the case if they have. Dual citizenship with another country. Or they have moved to Canada from somewhere else.
This is one of the reasons why the maintenance enforcement program in Alberta. Has the authority to confiscate passports. In order to prevent people from leaving the country. To get out of their child support orders.
However, even if they are successful. In fleeing the country to another country. They will typically not get out of child support. The way they expect to. The reason why says divorce lawyer Edmonton.
Is because Canada has what is called a reciprocating jurisdiction. With dozens of other countries throughout the world. What a reciprocating jurisdiction means, is quite simple.
Many of the legal agreements that are made in Canada. Are upheld in countries that have reciprocating jurisdiction. As well, the legal agreements in those countries. Will be upheld in Canada as well.
That means, if a parent flees to country. That has a reciprocating jurisdiction with Canada. That country will also uphold legal agreements. And if a person fails to uphold the legal end of the agreement.
They will be penalized according to their countries laws. There are several countries that have reciprocating jurisdictions with Canada. Including but not limited to the United States, the United Kingdom. Australia, most of Africa and Asia just to name a few.
Therefore, it never pays to flee from your responsibilities. Especially when those responsibilities are to the children that you created. However, people should understand that child support is not a penalty.
It is simply the responsibility they bear. For creating life. If they do not want to bear this responsibility says divorce lawyer Edmonton. Should not create life in the first place. Call eLaw Alliance for more information.