Divorce Lawyer Edmonton | Are Child Support Payments Mandatory
One thing that many people may need to keep in mind according to divorce lawyer Edmonton. When they are divorcing, or separating and there are children involved.
Is that it is mandatory to make child support payments. And parents do not have the authority to reach an agreement outside of the court.
For example, if both parents agree that child support payments are not needed. Divorce lawyer says they do not have the authority to make that decision.
The reason why is because child support laws are there to protect the child. And are the right of the child. Which is why parents need to adhere to this agreement will no matter what they might agree to personally.
This is all outlined in the Alberta family Law act as well as the divorce act. Which are both available to review for free online.
This is why it is very important that parents understand their rights, the rights of their child as well as their obligations as parents. So that they meet adhere to what is required by law.
In some cases, where this split is not amicable. And one parent does not allow the other parent access to the child. Some people may think in these cases, they can withhold child support payments.
Unfortunately, according to divorce lawyer Edmonton this is not true. Because it is not a payment to the other parent to pay for raising the child. It is a right of the child to receive these payments.
Which is why it still required even if a parent does not have access to see their child. If this is the case, they can talk to their divorce lawyer Edmonton.
And make an application to the court. To try and get the access to be involved in their child’s life. However, one parent is not legally allowed to withhold child support.
A parent must also continue to make child support payments. Even if they do not want to have anything to do with the child. And is refusing to see the child. And has not that child for many years.
Because it is a parent’s obligation to ensure that they pay for the life that they helped create. Regardless of if they want to have anything to do with that child in the future not.
In fact, there are very few cases where a parent would be exempt from paying child support. Therefore, a parent should not make the assumption that they would receive these exemptions as well.
A good rule of the four parents to keep in mind. Is that one parent must be considered the custodial parent. Which means they have that child for 60% of the time or more.
And the other parent who does not have custody of the child. Is obligated to pay child support which should be percentage of their income.
If parents have any other questions about child support payments. They should contact their divorce lawyer. In order to find out what is required by law. So that they do not and up doing the wrong thing, and ending up in trouble.
Divorce Lawyer Edmonton | Are Child Support Payments Mandatory In Alberta
When parents are experiencing a breakdown of the marriage, and children are involved, they should get the advice of a divorce lawyer Edmonton. The reason why, is because there is a lot of misinformation out about child support. That could end up with a parent in trouble legally.
One of the first things that parents need to keep in mind. Is that they may have to pay child support. Even once their child reaches the age of eighteen. Because currently, the misconception out there.
Is that once a child is eighteen years of age. The noncustodial parent no longer has to pay child support. However, according to the Alberta family Law act as well as the divorce act.
This outlines when child support should stop for children. And if the child is going to post secondary institution such as a college, university or even a trade school.
They are often eligible to receive child support payments. Up until they are the age of twenty-three years old.
And there are other instances, that may make children eligible to receive child support payments. Such as if they have any issues that make them reliant upon one parent.
Therefore, parents should not make the assumption. That child support will automatically stop. Once child reaches eighteen years old.
If a parent stops making child support payments. And they are legally required to continue. This can trigger an action from of the maintenance enforcement program.
That has a lot of authority to enforce child support orders. Including suspending drivers licenses, confiscating passports. As well as garnishing wages.
To avoid legal problems that can come from failure to pay child support. Parents should know their rights and obligations. And if they have any questions, they should contact their divorce lawyer Edmonton. To find out what they need to know.
If a parent has a regularly fluctuating income. Such as if they have their own business, and do not make a regular income. Or if they are in a service industry. Such as being a server, or a bartender.
They might have an income that fluctuates from year to year. So to avoid paying more child support than they can afford. As well as avoid having to go to court to lower their child support payments.
Divorce lawyer Edmonton says there is a program called the recalculation program. That allows parents to sign up, and then have their child support payments readjusted on an annual basis. To match what they can afford.
Because child support payments are not considered a punishment. The court wants to help ensure all parents can comfortably make their payments. And are more than willing to work with parents who are having problems.
But the biggest thing that parents need to keep in mind. Is that they need to communicate with their ex-spouse, with their lawyer. And most importantly the court, so that everyone knows what is going on. And they will not be accused of trying to skip out on paying their child support.