Divorce Lawyer Edmonton | Child Support And The Divorce Act
When parents have been legally married says divorce lawyer Edmonton. There are a set of laws, governing what happens. And it is called the divorce act in Alberta. In addition to the laws concerning. How to divide up the assets. From the legal union. There are also laws.
The reason why there is a separate act. For married couples. As opposed to couples. That are only living common-law. Is because marriage, is a specific legal entity. And to its own, and to undo it.
And while there is a separate set of laws. For dissolving a marriage. As well as dissolving a common law partnership. However, both acts in Alberta. Outline exactly what needs to happen. When the union that is ending involves minor children. How these children are cared for.
Is exactly the same. From one act to the next. However, parents should understand. What they say clearly. Because it includes the obligations. That both parents will have. To the children from their relationship.
Ultimately, it outlines. How important it is. For both parents. To continue to provide. The basic necessities of life. For the child, the life that they created together. This is calculated, a couple of different ways.
Based on where the child is living. And how much access. Each parent has to the child. The parent that has access more. Because the child lives with them more often. For example, a child stays with one parent.
Monday through Friday. Thus, the children then lives with the other parent. During the weekends. Whichever parent that has the child more often. Will be the parent who receives child support payments.
Ultimately, child support that the other parent pays. Will be based on the percentage. Of their entire income. Consequently, by looking at line 150. Of their notice of assessment. It will get calculated.
However, if a parent does not have a job. And is self-employed instead. Divorce lawyer Edmonton says the judge. Will take a different calculation into consideration. As long as the parent discloses.
All of their financial information. If a parent thinks that they will get out of child support payments. By withholding that financial information. What will end up happening. Is that the judge. Will be able to make a determination.
Based on any information they decide. Such as getting anecdotal evidence. From the other parent. About how much money. They think the other parent makes. This usually ends up. With the parent being assessed child support.
For higher than they actually owe. Which means, divorce lawyer Edmonton says a parent will not end up farther ahead. But instead farther behind. If they do not disclose their financial information.
This is why, its best for parents. To cooperate with the courts. Because they could end up. Paying more than they would otherwise have to. The second thing that must be taken into consideration. Is that seeing both parents.
Is certainly a right of the child. And it is not legally allowed. For one parent. To withhold access. If parents either withhold access. Or stop paying child support. They can use a lawyer. To make an application through the courts. To fix the situation. By appearing before a judge.
Divorce Lawyer Edmonton | Understanding Child Support And The Divorce Act
Couples do not usually marry, to end up divorced says divorce lawyer Edmonton. However, this is the situation. For many couples in Alberta. And divorcing is one scenario. But when there are children, more rules come into play.
The first thing that will happen. Is that both parents will receive a letter in the mail. Requesting financial documents. This is sent out by the courts. And is mandatory, by law.
This is required, in order for the judge. To calculate. How much child support. The parent will end up paying to the other. They must ensure that the amount is fair, and accurate.
And this financial information. Will also be disclosed. To the other parent. In addition to the courts. And parents can get used to this. On an annual, or on a semi annual basis.
If a parent does not adhere. To the child support payments. That was required of them. By the courts, it will trigger the maintenance enforcement program. This is an agency in Alberta.
Whose sole purpose is to enforce. Child support orders within the province. Not only is this their only task. But they also have broad, and sweeping authority. To enforce it effectively.
Not only can they suspend people’s drivers licenses. If they failed to pay. They can also confiscate passports. So that parents cannot leave the country. They can garnish wages. Which means child support.
Will be certainly and automatically deducted. From the parents’ paycheck. But also, maintenance enforcement can also seize assets. And keep them, until the parents. Not just resumes payments. But until the parent ends up paying everything that they owe.
However, one of the reasons. Why a parent stops paying child support. Is because they lost their job. Or additionally got a lower paying job. And therefore can no longer afford it. However, before they simply stop paying their legal obligation.
They should talk to divorce lawyer Edmonton. And find out, that they are allowed. To make a legal application through the courts. To reduce their child support payments. Once they have proof of their lowered income.
As a result, they will be legally allowed. Or have permission so to speak. To reduce their child support payments. Without having any problems. From their ex spouse. In addition to the government. This can cause significant problems.
Which is why they should simply cooperate with the courts. Child support is not seen as punitive. It is not a punishment. Therefore, the courts truly want to work. With the parents to come up with a solution.
Therefore, as long as the parents. Open a line of communication with the court. And thus continue to provide proof of income. The courts will continue to work with the parents. If parents have any more questions.
About child support, or the divorce act. And family Law act in Alberta. They can ultimately make a quick phone call, to divorce lawyer Edmonton. Not only do they offer free one hour consultations.
However, if a parent wants to retain them. In order to help them in their divorce proceedings. They will be able to do so, after that consultation.