Divorce Lawyer Edmonton | Are Child Support Payments Required
While many people think of child support payments as a payment to the custodial parent says divorce lawyer Edmonton. This actually is not true. And is a way to ensure both parents are contributing to the life that they created.
In the Alberta family Law act as well as the divorce act. It is outlined that child support is actually a right of the child. And has nothing to do with paying one spouse to take care of the the child.
This is why regardless of if one parent does not see their child. Either out of choice, or if they are being kept from seeing them. They are still required to continue to pay child support.
When parents think that they will withhold child support payments. Until their spouse allows them to see their child. They are actually acting outside of the law. And can end up in significant legal trouble.
Another common misconception about child support laws. Is that some parents think that if the custodial parent makes a larger income. That means the noncustodial parent no longer has to pay child support.
This is again not true. Because no matter how much money one parent makes. The parent that is required to pay child support. Must continue to make those payments. Because it is a right of the child that they created.
The only time a custodial parent’s income impacts how much child support the noncustodial parent makes. Is if they make significantly less money. They can make an application to the court.
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To ask the noncustodial parent to make larger payments. If this is the case, there will be a court date, where both parties must provide income information. Let a judge make the decision.
Parents refuses to provide the court with their income information. What will happen says divorce lawyer Edmonton is that the judge will award child support payments. In the amount that they feel is fair for both parties.
And also, the judge can order costs against the parent that refuses to provide income information. And both of these things can end up being far more expensive. Then if the parent simply provided income information in the first place.
Therefore, divorce lawyer Edmonton says it is very important that both parents are always cooperating. As well as always communicating especially with the court. So that if anything changes, they will not be considered to be acting outside the law.
Such as if a person ends up losing their job or getting laid off. They should contact their divorce lawyer Edmonton. In order to make an application within the courts. To minimize their child support payments.
Or to apply to put a hold on their child support payments until they find a new job. If the job they find is making less money than they were at their old job. They can then apply to lower their payments.
Because child support payments are not seen as a punishment for the parent. The court will be very happy to cooperate with either parent. As long as they put in the effort, and communicate.
Divorce Lawyer Edmonton | Are Child Support Payments Required In Alberta
There is a lot of misinformation and misconceptions about child support payments according to divorce lower Edmonton. It can end up with either parent in a lot of trouble because they are acting outside the law.
For example, some parents believe that they can stop paying child support payments. When their child turns eighteen years of age, this is not necessarily true.
The circumstances are written up and well-documented in the Alberta family Law act as well as the divorce act says divorce lawyer Edmonton. Which are both available for free online for anyone to read.
I what these acts state, is that after the child is over eighteen, if they are continuing to go to post secondary school. Such as a university, college or trade school. They may be entitled to child support payments.
Or, if a child is dependent on the custodial parent. For a variety of reasons, support may be required until that child reaches twenty-three years of age. Therefore, assumptions should not be made on when child support can be stopped.
If a parent decides to stop paying child support for any reason. The maintenance enforcement program is an agency in Alberta. That handles enforcing the child support orders from the court.
And this agency has quite a lot of authority. And what they can do to encourage parents to pay child support. From confiscating passports, and suspending drivers licenses.
To even garnishing parents wages. Until they are caught up in their most current child support payments. Which can be very damaging to a parent. And many people try to avoid this from happening.
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However, if a parent is unable to pay child support. Either because there income has changed, from getting a new job. To getting laid off of a job that they already have.
They should contact their divorce lawyer Edmonton. In order to make an application in the courts. To legally decrease their child support payments.
So they do not end up being chased by maintenance enforcement for failure to pay. However, some parents have a fluctuating income. And they may not be able to go to court every year.
Parents that have a fluctuating income, such as if they are servers or bartenders. Who make their living on tips, which is not always steady income. They may actually apply for the recalculation program.
Which has the authority to readjust a parents child support payment on an annual basis. Based on what their income was in the previous year.
There are many programs that are designed to help parents make their child support payments says divorce lawyer Edmonton. However, if parents do not make use of these.
And end up avoiding making child support payments for any reason. Not only can they end up back in court, with a lot of additional fines.
They can also end up without a drivers license or passport. And be forced to pay retroactive child support payments.
To avoid getting into trouble, parents should always know their rights and responsibilities. So that they can ensure that they are doing right by their child and making child support payments accurately.