Divorce Lawyer Edmonton | Child Support Facts
The legal system is very complex, which is why if people are divorcing and have children they should contact a divorce lawyer Edmonton. Not only will they be able to find out what their rights are. They will also find out what the legal obligations are as well.
Regardless of what kind of contact a parent has with the child. It is both parents legal obligation. As well as the right of the child to receive support from each of the parents who created them.
This is why even if a parent does not want to have anything to do with their child. They still must pay child support payments, and in the amount that is court ordered by a judge.
In order to calculate the minimum child support payments. Divorce lawyer Edmonton says there is a calculation used across the entire province of Alberta.
That uses a parents income to calculate the child support payments they must make. This is why it is legally required of both parents to exchange financial information with each other.
So that proper child support calculations can be made. However, a divorce lawyer says if one parent refuses to provide this information. The judge can order child support payments in any amount they see fit.
In addition to that, the judge can also order costs against the parent that refuses to provide financial information. Can result in that parent paying far more child support than they would if they simply cooperated.
However, one parent can take the other parent to court. If they can prove that they need additional child support payments. And if the other parent’s financial information shows that they can afford it.
But if one parent can no longer afford the child support payments. Whether these were provincially mandated amounts. Or the amount that was one in court.
Instead of simply stopping making child support payments. Or dropping the amount of child support that one parent pays the other.
Divorce lawyer Edmonton says the parent must go through the court system. In order to minimize those payments. Otherwise they could be in hot water with the maintenance enforcement program.
This program ensures that parents are paying the child support that they have been court ordered to pay. And have a lot of power in what they can do if a parent is not cooperative.
Not only can they suspend the persons drivers license and confiscate their passports so they cannot leave the country. They can also garnish their wages. So that their child support payments simply comes off their paycheck.
To avoid getting into hot water with this program. Parents who can no longer afford a child support payment. Should talk to their divorce lawyer so that they can go to court to have it reduced.
Ultimately, the court system wants to ensure that both parents are taking responsibility for the life that they created. And it is not a system that aims to punish people.
So any time something changes, all they need to do is go back to court. And let the court know what is going on, so that they can pay what they can afford.
Divorce Lawyer Edmonton | Child Support Facts All Parents Should Be Aware Of
There is a lot of misinformation about child support payments says divorce lawyer Edmonton. And if people do not find out the truth before acting. They could end up in a lot of trouble.
The amount of child support that they must pay. Is typically calculated by taking a percentage of the noncustodial parents income.
However, if the children are in extracurricular activities. Both parents may end up paying additional fees. So that they can both support the activities that their child is in.
These are known as section 7 expenses, and when both parents submit their income information to the court. A judge will verify if the parents have an ability to pay for these extra activities.
And will figure out how much each parent has to pay. To ensure that the child can stay in these activities such as sports like hockey or swimming. Or something like art, to enrich the child.
Therefore, a parent would be mistaken. If they think that if the custodial parent puts their child in a sporting activity. That they do not have to be responsible for paying those fees.
Another misconception that parents have when they are divorcing and there is a child involved. Is that when the custodial parent makes more income than the noncustodial parent says divorce lawyer Edmonton.
Then the noncustodial parent no longer is obligated to pay child support. But this is absolutely not true. Child support payments do not take into consideration how much more money the other parent makes.
Therefore, it does not matter if one parent makes more than the other. The one parent will still be obligated to pay at the very least.
The minimal amount of child support payments that the calculator obligates them to. It is very important that both parents understand this. So they do not get into trouble for failing to pay child support.
However, it can be very confusing. If one parent has a job where their income fluctuates a lot from one year to the next. Such as a waitress or server. Who depends on a lot of tips for their income.
And since their income changes a lot from one year to the other. They may have to get their child support payments recalculated on a consistent basis.
If this is the case, divorce lawyer Edmonton recommends signing up for the recalculation program. Because this program has the authority to readjust child support payments annually.
So that the parent can pay what they can afford. Without requiring both parents to have to go back to court. In order to recalculate their payments.
Ultimately, it is very important for both parents to understand. That child support is for the child and not for the other parents. And by understanding that, can help them understand why they have to continue to make payments.
By cooperating, making payments on time. And having clear and concise communication. Can ensure that this goes smoothly for both parents. So that they can contribute to the life they both helped create.