Divorce Lawyer Edmonton | Calculating Child Support
Child support is considered not just an obligation says divorce lawyer Edmonton. But it is actually a right of the child. And not a punishment, or payment. From one ex-spouse to the other.
In fact, it is extensively outlined. In both the divorce act. As well as the family Law act. Which are used, to navigate both divorce. And common-law relationship breakdown. Within the Alberta court system.
Not only is it considered a right of the child. To receive the basic necessities of life. Which is ultimately what child support is. A financial payment. To the parent, who is bearing the financial brunt of raising the child.
But also, it is considered a right of the child. To have as much access. To both parents as much as possible. Unless, it has been proven in the courts. That access to one parent is not beneficial.
Many parents have a lot of questions for divorce lawyer Edmonton. When they are navigating divorce. A common-law relationship breakdown. And there are children involved. While many parents are quite happy.
To pay the required amount of child support. They often are unsure. How to navigate the payments. For extracurricular activities. Some parents disagree with the activities. Their children are being placed in.
And ultimately, the courts believe. That the parent that has more access. Gets to make this decision. Both parents must pay for the extracurricular activities. Under section 7 of both the divorce act.
As well as the family Law act. Section 7 states, that both parents. It will submit financial information to the court. And if both parents. Can financially afford. The extracurricular activities.
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Then payment from both parents. Will be made, as a percentage. Of their total income. However, if the courts deem. That the extracurricular activity. Is more expensive. Then the parents can afford jointly.
Then, no payments need to be made. Therefore, one parent. Cannot enrolled their child. In a hugely expensive course. And expect the other parent. To pay for the entire thing. Parents should also consider.
That section 7 also refers. To child care arrangements. Such as when daycare is needed. Or, if the children need a day home. Or afterschool care. Since both parents must pay.
This is considered an obligation for child support. And failure to do so, can trigger a visit. From the maintenance enforcement program. Ultimately, if a parent does not adhere.
To any child support orders. Such as not paying. Or paying a lesser amount. Then the court requires. Then the maintenance enforcement program, will be triggered. This is an organization in Alberta.
Whose sole purpose is enforcing. Child support orders in this province. As a branch of the government. They have significant authority. Including the ability. To suspend drivers licenses, confiscate passports.
They can also garnish wages, sees assets. And do even more. The best thing for all parents to do. Is to simply pay all of their child support.
But if they cannot, they should make. An application through the courts. To have that amount reduced says divorce lawyer Edmonton.
Divorce Lawyer Edmonton | How Should Parents Calculate Child Support
Some parents have no problems paying child support says divorce lawyer Edmonton. And most relationships, will have both parents. Complying with court orders with no issues. However, there are some situations.
Where parents do not adhere to the court orders. And end up, in more legal trouble. Then they need to be in. Child support is not considered a punishment. And therefore, it is not supposed to be financially burdensome.
This is why the courts require. Both parents disclosing. Their financial information. Every year, or every other year. To ensure that both parents are paying properly. And the correct amount.
In many situations. A parents income will change. Often, to decrease the amount that they were making. And they are then unable. To pay their child support payments. When this happens.
The worst thing that the parent can do. Is stop paying. Because they could lose their drivers license. Have their passports confiscated. Or have their wages garnished. By the maintenance enforcement program.
When all they would have to do. Is contact divorce lawyer Edmonton. And apply, through the courts. To have their child support payments waived for a month. Or reduced, based on their new income.
The courts will have the authority. To let them not pay. If they unexpectedly lost their job for example. Or, they may allow the parent. An additional month. To find the payment. And when they do have a decreased income.
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They will lower the child support payments. That they need to make. In fact, the courts want to work with parents. Or paying child support. And cooperate so much. That parents can actually apply.
For program, where they are able. To submit their income. On a monthly basis in order. To have the correct amount of child support. Calculated on an extremely regular basis.
So that they can pay what they can afford. This is perfect for people who have variable incomes. Such as self-employed people. Or, people who work in the service industry. And earn most of their income from tips.
As well as people who work on commission. And may have extremely fluctuating wages. From one month to the next. With how much the court wants to work with each parent.
There is truly, no reason. For parents to avoid paying their child support. However, some parents may also try to avoid paying child support. By fleeing the country. This also is a bad idea.
Canada is what is called a reciprocating jurisdiction. Which means not only did they uphold court orders. From a wide variety of other countries. But those other countries. Also uphold court orders from Canada.
This means, that even if a parent. Fleas the country. Going to the US, Europe, or other continents. Most of those countries. Our reciprocating jurisdictions. And they will be required to pay.
As well, the punishment for failure to pay. The required court ordered amount. Could also get that parent. In trouble, according to the country’s laws, that they are currently in says divorce lawyer Edmonton.