Divorce Lawyer Edmonton | Child Support Is Always Mandatory
A common misconception is that the parents. Will have to pay child support. Until the child is of legal age. At which point, child support payments cease. And a parent will never have to worry about paying child support again.
While in many cases child support does and. When the child becomes legal age. Which in Alberta is eighteen years. However, under the divorce act. As well as the family Law act in Alberta.
There are certain provisions related to child support. That have parents paying child support. After the child has reached the age of majority in the province. A common example is if the child.
Is enrolled in postsecondary education. Such as a college, university or trade school. In this case, a parent can make the case with the court. That child support should continue. For as long as the child is enrolled in school.
That means if the child is enrolled in a four-year program. They may have to pay child support. Until the child is twenty-three years of age. Another instance, as outlined. In the divorce act and the family Law act.
Is if a child is economically or emotionally dependent. On one parent for specific reasons. Such as a physical disability. Or they have a developmental disability. The qualifications are outlined in these legal acts.
A third misconception says divorce lawyer Edmonton. That many parents have about child support. Is if one parent is receiving social assistance. They are no longer qualified to receive child support.
Since child support must be paid. Because it is the right of the child. For both parents to contribute to their well-being. This is not a true statement. Even if one parent is on welfare, child support must be paid.
However, the parent on social assistance. Does not receive the child support payments directly. For the duration of time that they are on social assistance. The parent who is paying child support. Will send the money.
Two a specific government agency. Who will handle the child support from there. Parents should not make the assumption. Or take matters into their own hands. That they should not pay child support.
Simply because they are aware that their ex spouse is on social assistance. A fourth misconception about child support. Is that it does not cover extracurricular activities such as sports teams.
Music lessons, or things like daycare. Child support does it go towards this. But under a separate section, called section 7. Both parents will pay child support. Based on the cost of the extracurricular activities.
Based on a percentage of their income, and what the court deems they can afford. This must be paid, even if one parent. Does not agree. That their child should be enrolled in that program.
Divorce lawyer Edmonton says that any. Parents can make the decisions they want for the child. When the child is in their custody.
Divorce Lawyer Edmonton | Understand That Child Support Is Always Mandatory
Parents should keep in mind says divorce lawyer Edmonton. That there is no way. That they can get out of paying child support. This is often something that comes up. If the marital breakdown is not amicable.
Parents think that they can make their ex-spouse. Angry, or upset. By withholding access to the child. Or withholding child support payments. This is extremely detrimental to the child. And can be penalized, legally.
The first thing that parents need to understand says divorce lawyer Edmonton. That if they decide to stop paying child support. It will trigger what is called. The maintenance enforcement program.
This is an organization in Alberta. That has significant authority. And their entire purpose is enforcing child support orders within the province. They can threaten, and follow through with many different consequences.
For example, they can suspend people’s drivers licenses. And only give the drivers licenses back. If someone pays not just the child support payments. But what they had not paid, dating back.however long since they last paid.
Maintenance enforcement can also confiscate people’s passports. They can go to the government, and have the government. Garnish their wages, so child support comes directly off their paycheck. And they can only have that lifted.
Once a person agrees. That they will continue to pay child support without having it come off their check. Maintenance enforcement can also confiscate people’s assets, such as their vehicles for example.
However, it is far better for parents to pay child support. And if the reason why they are no longer paying child support. Is because they can no longer afford it. Divorce lawyer Edmonton says they should understand.
They can always go back to court. And ask the court. To reduce child support payments for example. Especially if they can provide documentation. Proving that their income has changed. Since the last time child support was calculated.
Therefore, there are even programs that people can be a part of. That will allow them to report their income. Especially if they work in an industry. Where they are not receiving. A consistent income.
Such as sales positions for example. Like realtor, car salesman or other jobs. That depend solely on commission. And a significant factor. In their income, is ultimately how many sales they generated. In that month.
Or, an industry for example. Where they depend heavily on their tips. And if they therefore have a slow month, that could mean. That they have a very low income. The courts ultimately want to work with parents. As long as they communicate back.
Therefore, if a parent has lapsed in their child support payments. They will owe child support retroactively. Any amount that they have not been able to pay. That has either been court approved or not. In conclusion, paying child support. Is of the most utmost importance.