Divorce Lawyer Edmonton | Child Support Laws
There are many laws protecting children in Alberta says divorce lawyer Edmonton. And while parents might not think. That their child needs protecting. During a divorce. Or, when their common-law a relationship ends.
The law, exists. To ensure. That both parents. Continue to uphold. Their legal obligations. To their child, the life that they created together. One of the first obligations to that child, or children.
Is to provide the necessities of life for them. This includes food to nourish them. Clothing, and shelter to house them. And while most parents have no problems. Providing this when they are together.
When the relationship ends. Often, one parent ends up. Having more access to the child. Which is where child support comes in. It is designed to help relieve the financial burden. Of caring for a child.
Therefore, one of the first decisions. That parents are going to end up making. Is where the child is going to live. If they come up with an agreement. That has the child. Living with one parent for more than 60% of the time.
The parent who has less access. Be the one paying child support. To lessen the financial burden. Of being the parent. To provide most of the food, the clothing. And pay for more shelter than the other parent.
This amount is calculated. Based on a percentage. Of the spouses income, who has. Less access than the other parent. However, parents should keep in mind. That if their income ever changes.
That all they have to do. To reduce their child support payments. Is simply make an application in the courts. Their divorce lawyer Edmonton. To inform them of the change. Provide proof, and reduce payments.
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However, more often than not. It is becoming more popular. For parents to share access. Of the child, or children. From their relationship. A scenario is likely. That a parent is going to have the child one week.
And the other parent will get access the following week. And in this situation, many parents might make the assumption. That they do not have to pay. Child support, because they share access equally.
However, according to not just the family Law act in Alberta. But also, according to the divorce act. Parents will have to still pay child support. However, it is calculated differently says divorce lawyer Edmonton.
Under section 9 of the divorce act. And the family Law act. Is the directions, on how this is calculated. It is also referred to. As set off child support. Both parents will submit their income information.
At which point, the courts will calculate. A percentage of each of their income. The lower percentage. Will be subtracted from the higher percentage. And the amount that is remaining.
Is the amount of money. That the higher income earning parent. Will pay to the lower income earning parent. And while this is what is most fair. Parents also should keep in mind. That both parents.
Are required to disclose. Their financial information. To the courts, and to each other. On a yearly, or send annual basis. To ensure that the most accurate. And fair child support payment is being made.
Divorce Lawyer Edmonton | Learning About Alberta’s Child Support Laws
When parents and up divorcing says divorce lawyer Edmonton. They must adhere to the divorce act. To know, their legal rights. As well as their legal obligations, to the children in their relationship.
They are in fact, legally obligated. Not to each other however. But to their child to pay child support. And there are no circumstances. That would cause the parent. To be able to stop making payments.
A common question. That a divorce lawyer gets. Is wondering, if one parent. Can stop making child support payments. When the other parent is receiving government money. Because they are on social assistance.
However, divorce lawyer Edmonton says this. Does not negate one parents obligations. To their child’s, however, when it comes to. Paying child support. If one parent is on social assistance.
The child support must be paid. Through the government of Alberta. Instead of directly. To the other parent. If people have any questions about this. This is a perfect example, of why they should hire the experts to help.
Another scenario. That many parents wonder about. Is if they can stop making child support payments. Because they have too much. Of a debt load already. While child support is usually calculated.
By a judge, looking at. The total income of the parents. A parent can also make an application. With their divorce lawyer Edmonton. To say, that there are extenuating circumstances. Causing them to not be able.
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To afford the child support payments. Such as their rent is extraordinarily high. Or, because they have an extremely high debt load. In order to claim this. The parent must provide proof. Bringing their income information. As well as all of their bills.
The courts, in order. For a judge to be able to decide. If they truly cannot afford child support payments. And if not, they will have their child support to reduced. However, if one parent’s bills are high.
Which causes them to be unable to pay child support. Because they have spent money frivolously. Consequently, the judge may not side with that parent. And thus requiring that they ultimately continue. Pay their child support in the original amount.
Some parents may in fact ask the court. For a lower child support payment. Because they have too many other child support orders. That they are paying for. While the court will also take into consideration.
All of the parents child support orders. When they calculate the next child support payment. They also take the viewpoint. That if a parent. Can make a child. They can support that child. When parents and their relationship.
They must continue working together. To ensure that the rights, and the obligations to the child are upheld. And that they continue to provide for the basic necessities of life. However, if parents have any more questions.
They can set up a free consultation. With e law alliance, located in Edmonton. To help them make the right decisions. And avoid problems. In addition to legal ramifications. That comes with not understanding the law.