Divorce Lawyer Edmonton | Child Support is Required
When two people bring a child into the world, this obligates them to care for that child says divorce lawyer Edmonton. Even if they no longer are a couple, or are getting divorced.
In addition to understanding that, parents need to know. That there are a lot of misconceptions about child support. And it is important that they get the right information.
So they do not end up acting outside the law, and triggering more problems for themselves. Because they are not following the laws in Alberta about child support.
One of the biggest misconceptions that parents often have. Is that child support is a condition of seeing their children.
In fact, whether a parent sees their child or not. Does not change their obligation to pay child support. And if they stop making child support payments, they can be taken to court. Or trigger the maintenance enforcement program.
If a parent is not able to see their child and they want to. They should contact a divorce lawyer Edmonton. And find out what they can do to allow them to have access to their child.
The amount of child support that the noncustodial parent needs to pay. Is typically dependent on a percentage of the income that they make. Even if they make significantly less than the custodial parent.
Because child support is considered a right of the child. It does not matter if the custodial parent makes more money. Because the noncustodial parent must contribute financially the life they created.
However, if the custodial parent makes significantly less money. They may apply through the courts. To increase the amount of money that they receive through child support. To help pay for basic necessities of life.
Another misconception that parents have about child support. Is that child support will and as soon as the child reaches eighteen years of age.
This is not true, and parents can find the exceptions in the Alberta family Law act as well as the divorce act. Or by seeking professional help from their divorce lawyer Edmonton.
There are several exceptions that can require a parent to pay child support. Even once their child is over the age of eighteen. Such as if they are attending post secondary schooling.
Or if the child is dependent on the custodial parent for any reason. And in that case, can require child support be paid until the child is twenty-three years old.
Since child support is dependent on the noncustodial parents income. If this changes for any reason. Such as a parent losing a job, or getting a different job where they earned less money.
They can go through the court system to have their child support reduced. So that they are not paying more than they can afford.
This will require the help of a divorce lower Edmonton to navigate the court system. So it is very important that both parents have good communication.
And that any time something changes, they can both go to the court system to make changes legally. So that they always know that there acting then the law to uphold the rights of their child.
Divorce Lawyer Edmonton | Child Support is Required In Alberta
Anytime parents break up, they will have specific obligations regarding their children, which is why they should contact divorce lawyer Edmonton. In order to find out what these obligations are.
The law requires both parents to care financially for their children. Even if they are no longer a couple. And these laws are outlined in the Alberta family Law act as well as the divorce act.
Even though these acts are available to read for free online. They may be confusing. Or if parents have specific questions, they can get them answered by contacting divorce lawyer Edmonton.
They can get help such as if they are wondering if the noncustodial spouse must pay for extracurricular activities. Such as if their child is enrolled in a sports team such as hockey or soccer.
Or if the custodial parent enrolled them in a music class, dance class or art class for example. And while many people assume that the custodial parent must pay for 100% of these expenses.
The law actually states under section 7, that as long as the fees are in a parent’s ability to pay. The parent must contribute to the extracurricular fees.
However, it is a payment based proportionally on each parents income. So if a parent makes less money, they will be required to pay fewer expenses.
Since parent asked pay child support based on a percentage of income. If that income changes, they can reduce payments. But many parents wonder what happens if their income fluctuates yearly.
In this case, divorce lawyer Edmonton would recommend parents signing up with the recalculation program. That can readjust child support payments annually. Based on the parents income.
This can be incredibly beneficial. Because it will allow a parent to reduce payments as their income drops. But without requiring either parent to have to go back to court every year.
If a parent decides to minimize their payments themselves. Or loses a job and stops payment. This can trigger several legal processes. And should be avoided.
If a parent pays less than what the court has asked them to pay. If they have stopped payments. It can cause the maintenance enforcement program to pursue them.
This is an agency in Alberta that is responsible for enforcing child support orders. And has broad authority to encourage payment.
Not only can the maintenance enforcement program suspend people’s drivers licenses. So they can no longer drive. They can also confiscate their passports so they cannot leave the country.
And in some serious cases, can end up garnishing the wages of the noncompliant parent. They will continue receiving garnished wages. Until all of the child support that they owe is paid back up-to-date.
Therefore, anytime there is a change with income. Parents are encouraged to go back to court, or have their divorce lawyer Edmonton make an application. To minimize payments.
So that parents can continue making the appropriate child support payments. So that they can meet their legal obligation to the child that they helped create.