Divorce Lawyer Edmonton | 3 Realities About Child Support To Know
Divorcing is never easy according to divorce lawyer Edmonton. And when children involved it can be even more devastating for all involved. However, the laws are very simple. And people can act very reasonably.
To ensure that everyone has is amicable a divorce. And the children are impacted the least. However, that also takes understanding the laws. And whether parents are legally married. Or common-law, the laws are very simple.
And are the same whether people are utilizing the divorce act of Alberta. Or the family Law act of Alberta. Both will state that a child support payment. Is the right of the child.
And is required to be paid. In all circumstances. There are very few circumstances that will enable a parent. To walk away from this obligation. To the life that they created. Even if a parent no longer sees their child.
Whether that is their choice or not. Even if they give up their parental rights legally. They still must adhere. To the payments, because they created life. How child support is calculated.
Requires parents making the decision. Where the child, or the children are going to live. When the children live.with one parent. For majority of the time over the other parent.
The parent that has the children last. Will be the one that pays child support. That is because child support is meant. To offset the necessities of life. Such as food, clothing and shelter.
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The assumption will be that since one parent. Has already paid for those necessities of life. When they receive the child support payment. They can spend it on anything they see fit.
Therefore, divorce lawyer Edmonton says some parents. Who are upset that there ex-spouse. Is spending child support on stupid things. Actually are not entitled to be angry.
And the only time that they have a legal leg to stand on says divorce lawyer Edmonton. Is if the child support payments are not going to the child. And the child does not have the necessities of life, food clothing and shelter paid for.
However, more and more instances these days. Both parents are sharing access of the child. Equally, and many parents assume, wrongfully. That child support would not have to be made.
Since they share equal access. This is not correct. And child support is simply. Calculated differently when this is the living arrangement. Is called set off child support. And outlined under section 9. Of both the family Law act.
As well as the divorce act of Alberta. The parents are sharing access, therefore the it is the higher income earner that is going to pay child support. Based on a percentage. Of the difference between the two parents income.
While this might seem convoluted. Parents should understand. That it is simply the legal mechanism. That the courts of Alberta can ensure. That both parents are positively contributing. To the upbringing of their child.
For questions on divorce, and child support. Parents can contact the Law alliance, located in Edmonton today.
Divorce Lawyer Edmonton | 3 Realities About Child Support To Know
Most parents do not want to get divorced admits divorce lawyer Edmonton. But it is an unfortunate reality. However, understanding their rights. As well as their obligations to their children. Can help parents divorce amicably. And avoid getting into legal trouble.
One of the first things that divorce lawyer Edmonton wants parents to know. Is that child support is not a payment to the other parent. In order to pay them for raising the child.
Nor is it a payment to the parent. To offset costs of raising the child. And while it is a payment to offset the cost. It is not from one parent to the other. It is the way one parent ensures that they are financially contributing.
To the life that they created, and is thusly the right of the child. If people think of it in terms of a payment from one parent to the other. It can be very easy for parents to get punitive with each other.
Or use it as a punishment, or reward. For example, a parent might withhold child support. In order to encourage the other parent to give them more access. However, any parent who withholds child support.
Will usually and up in legal difficulty says divorce lawyer Edmonton. This is because child support is the right of the child. And if a parent stops paying child support. The other parent can take them back to court.
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And the judge can assess them all kinds of penalties. For failing to pay child support. As well, typically. When a parent refuses to pay child support. It triggers. What is called the maintenance enforcement program in Alberta.
What the maintenance enforcement program is according to divorce lawyer Edmonton. Is an agency within the province. Whose sole existence is for enforcing. Negligent child support orders.
They have significant authority. In order to encourage delinquent parents. To pay the child support that they owe. And they may be able to suspend drivers licenses, confiscate passports.
Garnish wages, sees assets and more. Rather than triggering the maintenance enforcement program. If a parent is unable to make their payment. They should talk to their divorce lawyer quickly. And inform the court. There having financial hardship.
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And either have their payments reduced. Or waived temporarily. Until they are in a better place financially. If they do that, then they will then have to pay retroactive child support.
First to paying the amount they should have paid. But they did not, because they either stopped paying on their own volition. Or they stopped paying out of an agreement with the court.
Either way, they have to pay child support that they owed. Even if they have not paid for many years. When parents are divorcing, and have children. Talking to their divorce lawyer Edmonton. Can help them avoid making legal mistakes. That can impact their present, and future for many years to come into the future.