Divorce Lawyer Edmonton | Child Support is Mandatory
When people have children together, but then no longer are a couple, they need to get legal advice from their divorce lawyer Edmonton. Because there are many legal obligations they must adhere to.
In fact, the law sees child support as a right of the child. And it is outlined very clearly in the Alberta family Law act. About what parents must do to support the children they bring into this world.
Because of that, there are very few occasions where a parent would be exempt from paying child support. Therefore, they need to understand that if they are a parent and are no longer with the other parent of their child.
They must adhere to these laws, or face serious consequences. Which is why it is important that parents should arrange a consultation with a divorce lawyer Edmonton.
To understand their obligations and answer any questions they might have. There are many misconceptions about child support. And if a parent does not get the right information.
They may end up in a lot of trouble with the courts. If they are not acting within the law. They can end up pay retroactive child support, or have their drivers license or passport suspended.
And they can even end up with their paychecks being garnished by the government. If they have not been paying child support properly. Or paying child support on time.
In fact, divorce lawyer Edmonton says that if they parent refuses to pay child support. After the custodial parent work lists payment, the custodial parent can take the other parent to court.
The circumstance will go before a judge. And the custodial parent will provide evidence. And if found guilty, the noncustodial parent may be forced to not only start paying child support.
But pay all of the child support that they did not pay as well. If this is the case, it will also trigger the maintenance enforcement program. Which has extremely broad authority.
It has the ability to encourage parents to pay child support. Through a variety of threats, and then actions if they still do not pay. For example, they can threaten to suspend parents drivers license.
But if the parent still does not pay, they can revoke that parents drivers license. And the same thing with their passport, so that a parent is no longer allowed to drive or even the country until they pay child support.
In addition to that, if a parent is still noncompliant. They can garnish their wages. Which means child support payments will automatically come off their paycheck. So that they will get less pay.
And the garnishing will happen until all of the parents retroactive child support is caught up-to-date. Therefore, it is very important that a parent cooperates. And pays child support on time.
In order to ensure that both parents are acting within the law. They should contact their divorce lawyer. So that they know that they are acting appropriately. And will not end up in trouble.
Divorce Lawyer Edmonton | Child Support is Mandatory In Alberta
When two people bring a child into the world together, if they no longer wish to be a couple they should get advice from a divorce lawyer Edmonton. So that they know what their obligations are to that child.
Because according to the law, which is governed by the Alberta family Law act as well as the divorce act. The legal rights of the child are clearly defined. And specify what both parents must do.
The parent that has the child or children for the majority of the time. Which is 60% of the time or more. Will be considered the custodial parent.
And the noncustodial parent will be required to make child support payments. The amount of child support they owe, is typically a percentage of their income.
There is actually a child support calculator available for Alberta residents online. That can help them understand approximately how much they will typically be asked to pay child support.
However, if the custodial parent makes significantly less money. Then the noncustodial parent, they may apply to the courts to increase the amount. In order to provide the basic necessities of life.
However, if at any time, the noncustodial parents income changes. They should talk to their divorce lawyer Edmonton. And make a legal application within the courts. In order to reduce that amount.
The reason why, is because if they just make smaller payments. They could trigger the maintenance enforcement program, or end up in court for nonpayment.
And because the courts do not see child support payment as a punishment. But simply a way for parents to care financially for their child.
There is not a problem with reducing payments if the parent is not able. Because their income has decreased. But it is very important that the parent communicates clearly with the other parent and the court.
In fact, there is even a program available called the recalculation program. That when applied for. Can automatically recalculate the child support payments that a parent is legally required to make.
The benefit of this, is if they are in an industry. Where they do not have a consistent income from year-to-year. Such as if they are in the service industry, and earn their living on tips.
This program can be incredibly beneficial, because it will allow parents to have reduced payments as necessary. Without forcing both parents to go back to court on a regular basis.
Parents also need to understand. That if they move out of the country, especially for work. This does not allow them to stop making child support payments.
Because Canada has what is called a reciprocating jurisdictions with many other countries. Which means if there is child support granted in Canada. It will be enforced in other countries such as the USA.
It is very important that both parents understand the rights of the child by speaking to divorce lawyer Edmonton. As well as their own obligations to their child. So that they can act accordingly and within the law at all times.