Divorce Lawyer Edmonton | Are Child Support Payments Necessary
In some cases where people are divorcing, they are not necessarily angry at each other says divorce lawyer Edmonton. And these are known as an amicable divorce. However, if these amicable divorces are involving children. They often still must act according to what is required by law.
Child support laws are in existence. In order to protect the child. As well as protect the right of the child to exist. By having parents pay for necessities of life.
Therefore, it is not possible. For parents who are ending their relationship amicably. To be able to decide that they would like to do for child support.
The requirements of what every child is entitled to. Can be read in two acts, one called the family Law act. And the other is the divorce act. And can be found for free online.
These it specify why a child must receive child support. And in what circumstances will they need to continue getting payments says divorce lawyer Edmonton.
For these reasons, it is not possible for parents to agree that they do not need to pay child support to each other. Even if they are going to share custody of the child.
In fact, according to the act, there must be one custodial parent. Who has custody of the child for 60% of the time or more. And the noncustodial parent will be ordered to pay child support.
The amount of child support that they must pay will be based on a percentage of their income. Even if the other parent is making considerably more income than they are.
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In fact, the only time that parent is going to end up paying more child support. Is if the custodial parent is making significantly less money. And a judge has agreed that the noncustodial parent and afford to pay more money.
Therefore, in circumstances where one parent does not want to see the child. Or where one parent is keeping the other from seeing a child. This still does not release the other parent from paying child support.
In fact, divorce lawyer Edmonton says if a parent stops paying child support for any reason. Without consulting the courts first. They will trigger action by the maintenance enforcement program.
Which is an agency in Alberta. That handles the enforcement of child support orders. This agency has a lot of authority to encourage parents to pay child support.
Including suspending a parents drivers license, confiscating their passport. As well as being able to garnish their wages. Until the parent has paid back all child support that they owe.
Therefore, it is in a parent’s best interest to pay child support on time. And if they cannot, to talk to their divorce lawyer. So that they can make a legal application to the court. To legally reduce their child support payments.
By understanding their obligations as well as the rights of their child. Parents can act accordingly. To ensure that they are ensuring the rights of their child are upheld. And that they are ensuring that they are following the law accordingly.
Divorce Lawyer Edmonton | Are Child Support Payments Necessary In Alberta
There is a lot of misinformation about child support payments according to divorce lawyer Edmonton. And finding out the truth can help a lot of parents avoid facing the consequences.
One of the most common misconceptions that people have about child support. Is that once their child reaches the age of eighteen. They no longer have to pay child support. In this simply is not true.
Divorce lawyer Edmonton says that according to the Alberta family Law act, as well as the divorce act. Children who are attending post secondary institutions. Such as colleges, universities and even trade schools.
Can still be eligible to receive child support payments. And in fact, can be eligible until they are twenty-three years old. So parents should not make the assumption that they can stop payments when their child turns eighteen.
In fact, there are also specifications in these acts. That say if a child is dependent on one parent. And they are over the age of eighteen, they can still receive child support payments for specified amount of time.
If parents are not aware of this, and stop making child support payments. They can end up in trouble legally. Which can be difficult to get out of. So it is important that parents understand their obligations.
Since parents are going to be paying child support based on their income. If a parent refuses to provide their ex-spouse or the court but their income information.
They may believe that that will allow them to get a reduced child support payment. However, that is not usually the case. Because when a person fails to provide income information.
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The judge can decide to order child support and whatever amount the judge feels is fair. Including based on the information their ex-spouse provides the court.
In addition to that, a person can also get costs awarded against them by the judge. Which can make it a lot more expensive for person to failed to disclose their income information. When they are required to by law.
Another common misconception. Is that if the custodial parent is on social assistance. They are not required to continue to pay child support. This is not true.
In fact, the financial ability of the custodial parent. Has no bearing on whether parent can continue paying child support payments or not. However, if the custodial parent is receiving social assistance.
The noncustodial parent should start making their child support payments to the government instead of to the custodial parent directly.
It is even possible for both parents to share in the payments of any extracurricular activities that the child is enrolled in. Such as sporting events like hockey or swimming. Or even if it is things like art classes.
This is going to be based on each parents income. And will be calculated personally tween parents. Therefore, a child does not have to miss out, based on one parent being unable to pay.
There is a lot of information that is wrong about child support payments says divorce lawyer Edmonton. And once both parents understand their obligations. They can ensure that they are acting in accordance with the law.