Divorce Lawyer Edmonton | Calculating Child Support
There is a lot of misinformation according to divorce lower Edmonton. About child support, both who has to pay. And how much child support payments are going to need to be made.
And regardless of when their parents have been legally married, or living common-law. Both the divorce act, as well as the family Law act in Alberta. Will outline exactly what is required.
The first step, is that both parents. Will need to disclose not just with the courts. But with each other, their financial information. They will have to share, their income on line 150 of their tax return.
This is required by law, either yearly or semiannually. To ensure that the most accurate child support payments. Or calculated, so that the child. Can get the amount of money. That they are owed.
One thing that divorce lawyer Edmonton says they have seen. Is parents trying to get out of paying child support. By simply feeling to disclose their income. This is a huge mistake, because if the judge does not have proof to go on.
They can guess at how much. They think the parent is making. Or they can even ask the other parent. How much they believe the other parent is making. And usually, the judge will end up assessing the other parent.
At making more money than they actually are. And end up with higher child support payments. Therefore, it is far more advantageous. For both parents simply disclose their financial information appropriately.
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Another question says divorce lawyer Edmonton is from parents wondering. Exactly who has to pay child support? Ultimately, it is a question of ensuring both parents. Our equally caring for the life that they created.
In many circumstances, a parent will have access to their children. More than 60% of the time. And the parent that has less access. Will need to be the one paying child support.
This is under section 3 of the divorce act. or the family Law act. Where that parent that has access less. Will pay a percentage of their income. To the parent that has more access to the children.
However, it is increasingly more common. That parents are going to have equal access. Therefore, there is a lot more questions. About if child support actually has to be paid.
Divorce lawyer Edmonton says the ants does question is yes. Child support still needs to be paid. It is calculated however based on section 9. Which is called set off child support. When parents have equal access to the children.
Then the parent that makes more money. Will pay a percentage of the amount. That they make over and above the other parent. Therefore, the difference may be very small or very large.
And they will pay a percentage of that. The only time child support will not be paid. Is if both parents share access equally. And they both make an identical amount of money.
If parents have any other questions. The best thing would be to retain a lawyer. Ask all of the questions, and then ensure that they go to court appropriately.
Divorce Lawyer Edmonton | Calculating Child Support For You
if parents are no longer together. And they have children says divorce lawyer Edmonton. They are going to have to navigate. The waters of child support appropriately. In order to get what they need.
One of the first things that parents should keep in mind. Is that child support is considered a right of the child. And is therefore, an obligation for both parents. Child support is the mechanism that the law uses.
To ensure that both parents are contributing. To the financial well-being of their child. In most cases, if a parent has access more than 60% of the time. The parent that has less access.
Must pay child support, in a percentage of their income. They will look at what line 150 is from their notice of assessment. And simply pay a percentage of that. However, it is increasingly common.
That parents are sharing equal access. And then, they will calculate child support. Based on section 9, which is called set off child support. They must compare income with each other.
And the person who makes more money. Pay child support based on. A percentage of how much more money they make. However, because child support is not considered a punishment. Nor a penalty for having children.
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The courts are more than happy. To amend child support based on. If a person’s finances have changed. For example, a parent might lose their job. And then get another one, making less money.
If this is the case. Then they are going to simply have their divorce lawyer Edmonton. Go to the courts, and request decreased payments. Using to pay stubs. To prove how much less they are making.
As well, if a parent has income. Based on sales or tips. They may have wildly differing income. From one month to the next. They can apply with their divorce lawyer. And the courts, in order to apply for a program.
Where they show proof of income. On a month-to-month basis. So that they are only paying the amount of child support. That they can afford. In a good month, though pay more money. And in a slow month, the only pay what they can afford.
However, under no circumstances. Should a parent simply take it upon themselves. To stop pay.ng child support. If they cannot afford to pay. They should communicate with the court. Because failure to pay.child support.
Will trigger what is called the maintenance enforcement program. An agency within the province of Alberta. Whose sole function is to enforce. Child support orders that have lapsed. This organization has huge authority.
And they may do things like confiscate passports, garnish wages. Suspend drivers licenses and seize assets. Just to name a few things. In order to ensure that child support is paid.
If parents have any more questions. They should contact divorce lawyer Edmonton at the Law alliance today. And find out what they need to do. To ensure that they are within the letter of the law.