Divorce Lawyer Edmonton | Child Support Must Be Paid
One of the most contested parts of a divorce according to divorce lawyer Edmonton. Is the requirement to pay child support. The reason why this is a sticking point for many. Is because they do not want to pay their ex spouse any money.
However, people should keep in mind. That the reason why child support is mandatory. Is because it is the right of the child. And the obligation of each parent. To financially support the life they created together.
It is not a payment to the other spouse. But a way to ensure. That both parents are both contributing equally. To the life that depends on them. For their necessities of life. And their enrichment.
However, in many cases. Where there is a divorce, or relationship ending. In the case of common-law partnerships. Where both people are not amicable at all. In this case, they may want to avoid.
Paying child support, simply because. It upsets the other person. However, this is a terrible game to play. Because in the end, it is the child who loses. And both parents, can act very terribly.
A common scenario says divorce lawyer Edmonton. Is when one parent withholds access. Of the regular visitation the other parent is entitled to. While this is legally in the wrong. What is one parent might do.
Instead of informing the courts that they do not have the visitation. That they are required to have. They simply will stop paying child support. This is the case of two wrongs definitely do not make a right.
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Because when this scenario. Inevitably goes to court, what will happen. Is both parents will be considered. To be in the wrong in this situation. And they will both be penalized for it.
If one parent is withholding access. The correct thing to do is to inform the court. While continuing to pay child support. So that when they do go to court. The parent who is not receiving access.
Will have no reason why the court is upset with them. The court will order the other parent. To either prove why they do not think. The other parent should have access. Or, they will get penalized.
However, divorce lawyer Edmonton says sometimes. This scenario is backwards. Where a parent will stop paying child support. Therefore, the other parent will access instead.
Again, to wrongs do not make a right. And both parents could be penalized when this happens. If a parent withholds child support. The appropriate thing to do. Would be to go to court, in order to inform them.
Of what has gone on, and have the court deal with it properly. If both parents can simply cooperate. The divorce, or separation. Will go smoothly. And the child does not have to feel. As though they are put in the middle of it.
While nobody wants to go through divorce or separation. The more amicably both people can handle the situation. The better off it will be for not just themselves. For the child they brought into the world.
Divorce Lawyer Edmonton | Child Support Must Always Be Paid
There are many questions people have about child support says divorce lawyer Edmonton. Some misconceptions based on pop-culture. But also, Miss information. By talking to other people who have gone through it first.
One of the most common misconceptions about child support. Is that if someone is paying child support. They must be seeing the child. The two are considered mutually exclusive by the courts.
Quite frequently, one parent was not ready to have a child. And when the relationship ends, they are simply ready and willing. To walk away from not only their significant other. The child as well.
They believe that they can relinquish their parental rights. And stop paying child support as a result. Unfortunately, this is not how law works. Both the family Law act in Alberta.
And the divorce act state that child support. Is actually a right of the child. And an obligation of each parent. To care for the life that they created. It is independent of whether a child sees their parents.
Whether that is by choice, because one parent. Is denying access for one reason or another. Regardless of if they see their child. Or if they want to see their child. Child support must be paid.
It is extremely rare that a court will actually award. One parent the ability. To not pay child support. The most common thing they will do. Is put a pause on child support payments. If parent has lost their job temporarily.
Something else that people should know according to divorce lawyer Edmonton. Is what will happen if they do stop paying child support. The parent who should be receiving payments. Needs to inform the court what is going on.
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And it will trigger the maintenance enforcement program. This is an agency in Alberta whose sole purpose. Is enforcing child support orders. The maintenance enforcement program is with significant authority.
They can do things like suspend a person’s drivers license. Or confiscate their passports if they are not paying child support. And withhold these things. Until child support is paid up.
They can also garnish a person’s wages. Sees their assets, such as their vehicle. And even more. If people want to avoid triggering maintenance enforcement. All they have to do is keep paying child support.
If people are concerned because the child support. Is actually financially burdensome. Or because they have lost their job. Or, had to get a job where they were making less money. What they should do instead of stop pay.
Is inform the court of what is happening. So that the court can either reduce the amount they owe. Or they can help that person out. By putting a pause on their payments. To be paid, once there situation has rectified itself.
When people are divorcing, it is never a positive situation. But by being amicable. And living up to their legal obligations. They can make it as easy on everyone as they possibly can says divorce lawyer Edmonton.