Divorce Lawyer Edmonton | Child Support Payment Facts
Whether parents are divorcing amicably or not, they should always use a divorce lawyer Edmonton. Especially because they need to understand what their obligations are regarding their children.
The reason why, is because the children have certain rights, as outlined in the Alberta family Law act as well as the divorce act. And the court sees this as extremely serious.
That the rights of the children are upheld in all cases. And one of the rights of the child that they take into consideration. Is the right to all of the necessities of life.
And this is why the courts have a custodial parent, who will bear the larger burden for raising and caring for the child. And then the noncustodial parent, who must pay child support.
In order to help provide the necessities of life. Because of this, divorce lawyer Edmonton says it is not within the parents ability to agree not to pay child support.
Or to agree to a lower amount of child support and what the court will calculate a parent must pay. In fact, divorce lawyer Edmonton says the only change that parents can make.
Is to agree to pay more child support than the court has required at a minimum. This is to protect the interests of the children. And is something that the courts will take very seriously.
This is why if parents do not adhere to paying child support, they will be pursued very aggressively by the courts. However, because it is also not considered a punishment.
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As long as a parent is being very open and honest with their communication. They are often able to lower child support payments if their circumstances change.
Or put their child support payments on pause if they lose their job for example. Without being pursued by maintenance enforcement, or by their spouse.
But this open communication means that anytime there is a change. They should contact their divorce lawyer, and make an application in the court.
However, in some circumstances, such as if a parent has income that fluctuates from year to year. For example, they are a server or a bartender. That has different shifts, and lives off of tips.
They may have such a fluctuating income. That they are not able to go to court on a yearly basis. In order to apply to change their child support payments.
In this case, divorce lawyer says they can apply to the recalculation program. Which will give parents the authority to have their child support readjusted on an annual basis.
Which will allow them to reduce their payments as their income is reduced. All without forcing them to go back to court on an ongoing basis.
There so many things that they may not be aware of when it comes to child support. That may be very beneficial for all parents.
To ensure that they are talking to their divorce lawyer. So that they always can be confident that they are acting within the law.
Divorce Lawyer Edmonton | Child Support Payment Facts To Understand
It may be very necessary for parents who are divorcing to contact their divorce lawyer Edmonton. So that they know the facts about paying child support.
The reason why, is because there is a lot of misinformation about child support. And if parents end up making assumptions. They can end up being in large amounts of legal trouble.
For example, if a parent stops paying child support for any reason. Even if they cannot afford it. Do not inform the court. They can end up being chased by maintenance enforcement.
Which is the agency in the province of Alberta. That is charged with enforcing child support orders. And has a lot of authority to deliver consequences to parents who are not paying child support.
These consequences can include a confiscate passport so they cannot leave the country, a suspended drivers license. As well as garnish wages, until all of their child support is paid back up-to-date.
However, if an parent is not able to afford child support payments for any reason. They can instead contact their divorce lawyer Edmonton. And apply within the court to have those payments reduced. Or suspended for a limited amount of time.
But if a parent decides that they are not going to pay child support for any reason. And think that they can avoid paying by leaving the country. Divorce lawyer says they may be very disappointed.
Canada has an agreement with several countries that is called reciprocating jurisdictions. Which means if there is a child support order granted in Canada. It can and will be legally enforced in other countries.
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The United States of America is one such reciprocating jurisdiction. So if parents decide to flee the country to avoid paying child support. They will be very disappointed when they are contacted to continue their payments.
Another misconception surrounding child support. Is that when their child is over the age of eighteen. All child support payments can stop. This is not true.
And if the child is pursuing postsecondary education. Whether it is through university, college or even a trade school. They can still be eligible to receive child support payments. As long as they are going to school.
As well, there can also be some extenuating circumstances. That require a child to be reliant or dependent on the custodial parent. Which means the courts can award child support to be extended to the age of twenty-three.
Even if the custodial parent is receiving social assistance. Noncustodial parent still must pay child support. And in the same amount that they always have been required to pay.
The only difference, is that when the custodial parent is on social assistance. The child support will be paid to the government instead of directly to person. But it still means they have to pay.
Because there are so many different misconceptions surrounding child support payments. The only way to ensure that parents have the right information.
Is to hear it from their divorce lawyer Edmonton themselves. So that they can avoid making mistakes that can end with them in trouble legally.