Divorce Lawyer Edmonton | Appreciable Child Support Info
Parents ask their divorce lawyer Edmonton. If child support must be paid, if they are divorcing or separating. And there are children involved from the union. The short answer is yes, child support always must be paid.
Whether people are legally married. And are getting a divorce according to the divorce act of Alberta. Or if they are unmarried and living common-law, or not living together at all. And they are separating, with children.
They will adhere to the family Law act of Alberta. Both of which will specify that child support. Must be paid in all circumstances. The reason why, is because it is the right of the child. To have both parents contribute to their life.
And when parents are no longer together. Child support becomes the mechanism. That is used to ensure that both parents are contributing. Therefore, it is because of this inalienable rights of the child. That the court will never allow child support to be waived.
Even if a parent does not see their child says divorce lawyer Edmonton. Even if they do not see their child voluntarily. As well as if a person is willing. To give up their parental rights legally. They will always be required to continue to pay child support.
However, child support is also not seen as punitive. And therefore, it is the courts function to ensure. That while parents must pay child support. It does not necessarily have to financially cripple them either.
That is why child support is always calculated. As a percentage of a person’s income. As they can afford it, if a parent says. That they cannot afford a certain percentage. That a judge has ordered, they can get their divorce lawyer Edmonton.
To petition the court to lower the child support amounts. Based on supporting financial documents. Showing that they have too many bills. Or financial responsibilities to pay that specific amount.
There are many other circumstances that the court may want to take into consideration. For example, a parent might have. A significant income as noted on line 150. Of their notice of assessment.
However, they have wildly fluctuating income. From one month to the next, East on the fact that they may make their money. Hundred percent on commission, and so they can never plan. On how much they will pull in each month.
Or they work in a place where they depend primarily. On tips, and again, they cannot count on taking. A certain baseline. They can enter into a program with the court says divorce lawyer Edmonton.
Where they claim their income on a month-to-month basis. And then, are only required. To pay a percentage of what they made in that month. That way, it is never cost prohibitive. To pay child support to the other spouse.
As well, child support can change over time. As does the access of the children. As the children age and grow. Where they are living may also change. And child support can therefore change as well.
Divorce Lawyer Edmonton | Appreciable Child Support Info For Parents
Even though most parents have no problems paying child support says divorce lawyer Edmonton. There also many questions, and some parents. Have a lot of problems with receiving child support. Or with paying it as well.
One of the first things that parents should keep in mind. Is that child support is a responsibility. That is never going to go away. Even if they are unable to pay for a period of time. They ideally, use their divorce lawyer Edmonton. To inform the court. That they cannot pay. So that they do not trigger. The maintenance enforcement program. Which is an organization within the province of Alberta. Whose sole purpose.
Is to enforce child support orders that are delinquent. They can confiscate passports, suspend drivers licenses. As well as garnish wages and more. Therefore, if a person wants to avoid triggering this program and losing their license.
They can petition the courts with their divorce lawyer Edmonton. To reduce their child support payments. Other temporarily or permanently. Or ask for a break, based on financial hardships.
Whether they stop paying with permission from the court or not. Any amount that they did not pay when they normally would have been paying. Is now called retroactive child support.
And it must be paid in full, even if a parent has long since finished. Their child support responsibilities. Therefore, if they did not pay for a year. They will have to repay that amount, whenever they are able to afford it.
It is a debt that will not go away. However, parents should also understand. That because child support is not meant to be punitive. If they do have a change in income. Such as they lost a job, or got a job.
Or they made less than they use do. They can simply inform the court, and provide new financial documentation. In order to get their child support payments reduced.
It is also very important to note. That a parent can also claim. That they are experiencing financial hardship to get there child support reduced. But if the financial hardship is that they have too many child support orders.
The court will never allow them to not pay child support. Because they are paying too much child support. It is the court’s opinion says divorce lawyer Edmonton. That if someone can make a child.
They can be responsible for that child for as long as possible. And, that does not mean. That when the child is eighteen. A parent can stop child support payments. There are many provisions in the law of Alberta.
That have child support being paid. Even when the child is over eighteen. Such as being enrolled in postsecondary education. Or they are economically or otherwise dependent on one parent.
To understand the law completely, parents are encouraged to retain a divorce lawyer Edmonton. Such as the legal experts at the Law alliance. They can call the office to arrange a free one hour consultation. Get all of their questions answered, and decide if this is the right lawyer to help them.