Divorce Lawyer Edmonton | Child Support Payments Are Definitely Required
If parents are divorcing or even separating says divorce lawyer Edmonton. And the split is amicable. They often believe that they can dictate a lot of the terms of their separation agreement.
However, when it comes to child support, and caring for any children resulting from their union. There are certain things that they cannot decide on their own.
The reason why, is because child support is considered a right of the child. And is required from both parents, in order to provide the necessities of life for a child they both helped create.
However, because the child will be living with one parent the majority of the time. Only the noncustodial parent is required to pay child support.
They will calculate this, by figuring out who has custody of the child 60% of the time or more. And the other parent will pay child support based on a percentage of their income.
Parents do not have the authority to agree to not pay child support says divorce lawyer Edmonton. Because they do not have the ability to speak on behalf of their child.
In fact, according to the Alberta family Law act as well as the divorce act. The rights of the child are specified there. And if parents want to know what their obligations are to their child. They can read those acts for free online.
Or, they can always contact their divorce lawyer Edmonton. In order to ask any questions they might have. About what they are allowed to do. As well as what they are obligated by law to do.
The court does not see child support as a payment to the custodial parent. Or do they see it as a punishment. Which is why how much money their ex-spouse makes.
Will not factor in how much money the noncustodial parent pays. Unless the non-custodial parent ends up making significantly more amount of money than the custodial parent.
And even then, the custodial parent needs to apply to the court. In order to increase their child support. And plead before a judge about why they want to increase child support payments.
However, because it is also not considered a punishment. If the parents circumstances change. Such as they lose a job or are laid off. Or if they get another job where they make less than they used do.
All they have to do is contact their divorce lawyer. And make an application in the court. In order to reduce child support payments based on their new income.
As long as they keep communication up with their ex-spouse, there divorce lawyer and the court. They will find that there is a lot of help to ensure that they are making payments.
And if they have any troubles. That they can minimize or put their payments on hold. However, if they do not keep communication up, they can find that they will be in a lot of trouble legally.
So to avoid legal problems, parents should both ensure that they are communicating both with each other, and the court.
Divorce Lawyer Edmonton | Child Support Payments Are Required In This Province
There are many things that parents should keep in mind when they are divorcing and there are children involved according to divorce lawyer Edmonton. Because the rights of the child must also be taken into consideration.
This is why the Alberta family Law act specifies that parents must pay child support. Is a right of the child to receive all of the necessities of life, from the parents who created them.
However, there are a lot of untruths and misconceptions regarding child support payments in Alberta. That can end up with one parent in a lot of trouble.
Which is why they should always find out the truth from their divorce lawyer. To know what their obligations are legally.
For example, one misconception that is out there. Is if the custodial parent is on social assistance. They are no longer eligible to receive child support payments. Which can have the noncustodial parent stop making payments.
This however is not true. And can end up with the noncustodial parent in a lot of trouble legally. The parent must pay child support, regardless of what is going on with the other parent.
However, if the custodial parent is on social assistance. The child support payments should be made to the government directly. Instead of to the parent themselves.
Another misconception is that the custodial parent is the only one responsible for paying for extracurricular activities. Such as sports like hockey or swimming. Or things like playing a musical instrument.
However, this is not true. And both parents can be made to contribute. Based on their income. This is going to be decided by the court, based on each parents income on a proportional scale.
If a parent decides to stop paying child support. There are many things that can happen. Including one parent taking the other to court when they stop making payments.
And if this goes to court, the noncustodial payment that is not paying. Can be held accountable for not paying. And be made to pay retroactive payments for all of the child support they missed.
As well, divorce lawyer Edmonton says the maintenance enforcement program will often get involved. If the parent stops paying child support payments. Which is an agency in Alberta.
That handles enforcing the orders around child support payments. And has authority to do things like suspend parents drivers license and confiscate their passports.
As well as gives them the authority to garnish wages. Until the parent is caught up in child support payments. This can be fairly devastating for a parent. And should be avoided at all costs.
Instead, a parent who is having problems paying. Should contact their divorce lawyer Edmonton. And applied to the court to have their amount officially produced.
So that they do not end up losing their drivers license or garnishing their wages. Parents need to take paying child support very seriously. Because the court sees this as a way to ensure they are paying for the life that they created.