Divorce Lawyer Edmonton | Calculating Your Child Support Payments
Child support is one of the most important aspects says divorce lawyer Edmonton. Of separating or divorcing with children. It is required by law. And is not able to pay waived for any reason.
In fact, according to not only the divorce act in Alberta. But also the family Law act in Alberta. That says paying child support. Is actually a right of the child. To have both parents contribute financially to their upbringing.
Because of this, parents cannot enter into an agreement with each other. That says they can waive child support. Or they can agree that it does not need to be paid. For example, some parents are both well off.
Or the parents that would need to pay child support. Is in financial difficulties. And the parent, does not need the extra income. This is not a decision that they can make. And therefore, cannot decide on their own.
Child support is calculated fairly. And takes into consideration. The financial situation of each parent. For example, if one parent is making significantly less. They will only pay a percentage of their income.
As taken from line 150 of their notice of assessment. If they lose a job, or run into other financial difficulties. They can hire a divorce lawyer Edmonton. And go to court, in order to explain. Their financial situation and get payments reduced.
Or, they can temporarily stop payments. Until their financial situation improves. When they are in a better financial position. They can catch up their payments that they missed. In what is called retroactive child support.
Under no circumstances should a parent. Take it upon themselves to simply stop paying child support. Because they cannot afford it. As this will trigger the maintenance enforcement program.
What this is, is an agency within Alberta. Whose entire purpose is helping collect child support payment. For people who have not been paying it. Not only do they have large powers. They have the authority to enforce it through significant means.
They can suspend a person’s drivers license. Until they pay child support, or indefinitely. As well they can confiscate passports, garnish a person’s wages. And even sees a person’s assets.
This is why it is far more advantageous. For people to go to court. And explain their financial situation. Because child support is not considered a penalty or punishment. The courts are more than amenable to amending.
Child support payments, as per a person’s finances. Another situation that some parents should be aware of. Is that if they have a job. That causes them to have a large difference from month-to-month in their wages.
Such as they have a job. Where it is hundred percent commission says divorce lawyer Edmonton. Or they work in an industry where they depend on tips. That can mean a huge difference from month-to-month on their income.
They can register with the courts. For a program that will allow them. To provide proof of income month-to-month. So that they are only ever paying the child support. That they can reasonably afford.
Divorce Lawyer Edmonton | Calculating Your Child Support Payment Fairly
Child support is mandatory payment says divorce lawyer Edmonton. That allows both parents. To contribute financially. To the child’s upbringing. This can considered extremely important.
And in fact, is the right of the child. To have both parents contribute to their well-being. Therefore, even if a parent does not see the child. Whether they want to or not. They are not going to be able. To get out of paying this monetary amount.
When parents are separating or divorcing. They are going to receive. A notice to disclose. Or request for financial documents in the mail. Divorce lawyer Edmonton says this is a request that is required by law.
To disclose their financial information. Not just to the courts. But to their ex spouse. Or the other parent. This is so that the courts can calculate. The child support that they are going to be required to pay.
And figuring out who is going to have to pay that amount. Some parents think that they can outsmart the institution. Simply by failing to disclose their financial information. And therefore, will not be able to have child support calculated.
This is a huge mistake says divorce lawyer Edmonton because the judge. Has the authority to simply choose an amount that they think is fair. That the spouse that will owe child support will have to pay.
They can assess the parents that has not to disclose their financial information. To make whatever amount of money the judge thinks is fair. Based on other people in that career make per year.
They can even ask the other parent. How much they think the other parent is making. And in almost all circumstances. The judge will assess the income much higher. Then the parent is actually making.
Which means they will be required to make. Higher child support payment then they would. If they simply disclosed their financial information from the beginning. Another misconception about child support.
Is that some parents think if the other parent is on social assistance. They do not get child support. Just because one parent is getting help from the government. Does not mean the other parent must stop paying.
There still legally obligated to pay child support. The only difference is they will pay their child support money. Directly to the government. While the one parent is on social assistance.
Another misconception is that child support does not go towards extracurricular activities. While the main child support is for basic necessities. Such as food, clothing and shelter.
There is a secondary amount of child support. That parents can apply for, which is under section 7 of the family Law act. Which states. That both parents will contribute to extracurricular activities and daycare expenses as they are able.
For more information, parents should talk to a great divorce lawyer Edmonton at eLaw Alliance. Where they can get the correct answers to all of their questions. And ensure that they are doing right for their child, and by law.