Divorce Lawyer Edmonton | Can Child Support Be Waived
Nobody is looking for a relationship breakdown says divorce lawyer Edmonton. But when it happens, it is important. That both people keep in mind. That there are legal obligations and rights.
Especially when their relationship for children. Not only did they have rights and obligations. To each other. That they have rights. As well as obligations to the child as well.
In fact, according to the divorce act. As well as the family Law act in Alberta. Parents have an obligation to the child. To both provide financially. For the basic necessities of life. This is the reasoning behind child support.
Some parents may think. That they do not have to pay child support. Because they both have the same access. As well, some parents may think. That they do not have to pay child support.
Because they do not want to see the child. Or that they do not have to pay. Because the other parent. Is withholding access for some reason. Or that they do not have to pay child support.
Because they make less money. Then the parent who has access. The majority of the time. According to divorce lawyer Edmonton, none of these scenarios is accurate. Child support still has to be paid.
Child support is considered a right of the child. Therefore, there are extremely few instances. Where court would completely waive this payment. If a person loses their job. They may have.
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There child support payments delayed. For a certain agreed amount of time. Or, if they lose their job. They may have child support payments. Reduced temporarily, by the courts.
However, if something happens. The parent that pays child support. Needs to inform the courts. Of what has happened. So that if they reduce payments. Or avoid making a payment. They know why.
And it will not trigger a court date. Or, trigger the maintenance enforcement program. This program, also referred to as MEP. Is an agency within Alberta. And it has sole purpose is enforcing child support orders.
They have broad powers. To make this happen. They can threaten, and follow through. On things such as suspending drivers licenses. Confiscating a person’s passport. Garnishing their wages.
They even have the right, and the authority. To seize a person’s assets. If they do not pay. Their court ordered child support. The only way they will get these things back. Is by paying the amount that they owe.
And apparent should not make the assumption. That if they stop paying child support. That when they start paying again. They will only the current month. Divorce lawyer Edmonton says.
The court system can go back several years. And demand. That the parent pay. All of the child support. That they owe, dating back. When they stopped paying. This can be an enormous financial burden.
Which is why most people. Should adhere to the support orders. And if they are unable. They should bring their divorce lawyer Edmonton the courts. And make an application to reduce it.
Divorce Lawyer Edmonton | Parents Should Know If Child Support Can Be Waived
Anyone who is navigating a divorce with children, says divorce lawyer Edmonton. Or, who was common-law. And is breaking up with their significant other. And a child came from their union.
They will need to understand. Access, and child support. Among other things. Child support is considered to be the right of the child. To receive, from both parents. To get the basic necessities of life.
While one parent, usually has more access. Such as having the child Monday through Friday. While the other has them on the weekend. The parent that has them more. Will receive the child support.
The parent that has them less often. Will pay a percentage. Of their total income. According to line 150. On their notice of assessment. If a parent is self-employed. The courts will figure out child support differently.
The next thing that parents need to keep in mind. Is that if they do not pay. The court ordered amount, they will be in trouble. They will be expected to go before the courts. And they may also trigger.
The maintenance enforcement program. Whose sole purpose. Is enforcing child support orders. Some parents may argue. That they stop paying child support. Because the other parent limited or revoked access.
However, in this situation. Divorce lawyer Edmonton says. The right thing to do. Would simply be to make an application. Through the court. For the parent who is denying access. To be brought before a judge.
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The reason why this would happen. Is because the courts also consider. Access to both parents a legal right of the child. If one parent does not allow that to happen. They can see legal ramifications.
The only way. That a parent would not see their child. Is if they have been legally. Deemed unfit, and there are very few situations. Where this is the case. The courts want to see.
Both parents, as involved. In their children’s lives as possible. And both parents, financially providing for them. Even if as a couple, they are no longer together. However, people still have questions.
And a common question that divorce lawyer Edmonton gets. Is how do they pay. For extracurricular activities. Ultimately, under section 7 of the divorce act. Or the family Law act.
It specifies, that both parents. Are obligated to share in the cost. Of any extracurricular activity. Based on a percentage of their income. If that percentage is not enough to cover the cost. Of that activity.
Then, the child will not be put into that activity. And while this section, covers extracurricular activities. Such as music lessons, art, dance. Or sporting events. It also can apply to daycare or day home costs.
Ultimately, it can be a very complicated issue. However, there is a very straightforward way. To proceed, as long as parents understand. Their rights, and obligations. When they are ending a relationship, and children are involved.