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Divorce Lawyer Edmonton | Child Support Reality
Many parents require the services of a divorce lawyer Edmonton. Because they are divorcing or separating, and when children are involved. It is even more important. That they adhere to the letter of the law.
Regardless of whether parents are divorcing or separating. The laws concerning child support will remain the same. Whether people are using the divorce act of Alberta. Or the family Law act of Alberta.
Both of these legal acts are available. For free, and online so that anyone. Can review them, in order to understand. Their rights, and their obligations. During this tumultuous time in their life.
One of the first things that they will need to do. Is figure out where the children will be living. At least for the time being, because that is how child support payments. Our calculated, based on where the children are living.
If the children are living with one parent for majority of the time. Then child support payments. Are written out in section 3. Of both the family Law act. As well as the divorce act of Alberta.
The parent who has access the least, is the one. Who will be paying child support. And they will be paying a percentage of their income. And their income.will be calculated as whatever is written.
On line 150 of their notice of assessment. From the last time they filed taxes. However, for self-employed parents that might be a different scenario. And so they should ask their accountant what their total income would be.
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The courts will take a percentage of that total amount says divorce lawyer Edmonton. However, if the living situation of the children. Changes in the future, there is no problem. To inform the courts of the change.
In order to recalculate the total child support amount. However, in these days, more and more parents. Our sharing equal access of the child. And in this case, many parents have wrongfully made the assumption.
That child support does not need to be paid. While it does still need to get paid. It is written under section 9 of the divorce act. As well as the family Law act of Alberta. And is called set off child support.
When the parents share access of the child equally. Both parents must submit their financial information to the court system says divorce lawyer Edmonton. The parent that makes more money.
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Will be the one that pays child support. And the amount that they pay, is a percentage of. The difference between both parents income. However, parents should also keep in mind. That this amount can change at any time.
If they get a different job, get laid off. Or are experiencing special financial hardship. For any reason. They can contact their divorce lawyer Edmonton. And asked them to inform the court.
That there financial circumstances have changed, provide proof. And to get their child’s or payments adjusted thusly. Lawyers at eLaw Alliance can help parents understand. Their financial obligations.
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While nobody wants to get divorced or separated, divorce lawyer Edmonton says. This is an unfortunate reality for many people. And when there are children involved, parents need to understand clearly.
That their children also have rights. That will be put first in the courts. And will be an alien, and upheld at all times. One of the first things that the court will ensure. Is that both parents are contributing to the child’s life.
If not in emotional ways. Then in financial ways. This is considered one of the fundamental rights of the child. Have both parents contributing. To the life that they created together.
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That is actually the function of child support. Is to ensure that there is a legal way. The parents can care for their child together. This is calculated by taking a percentage of parents income.
Based on how often the parents see their child. The parent that has access more get child support payments. And if they share access. Divorce lawyer Edmonton says then the higher income earner.
Will be the one that pays child support. However, while this seems very clear. And straightforward, there are still many misconceptions about this important legal function. Many parents make the assumption.
That child support is only paid until the child is of legal age. Which in the province of Alberta is eighteen years. But this is not accurate. There are many provisions in both of the legal acts in Alberta.
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The divorce act and the family Law act. That support child support payments. When the child is over eighteen. Some of those provisions include if the child is enrolled. In any postsecondary education institutions.
Or if they are economically dependent on one parent. For any reason, such as a physical or other disability. In the case of children going to school, post secondary for example says divorce lawyer Edmonton.
The parent may be required to pay child support. Until the child is twenty-five years of age. And if they are economically dependent on one parent. Or disabled, then the parent may in fact and up paying child support indefinitely.
Another misconception about child support according to divorce lawyer Edmonton. Is that if the parent who is receiving child support. Is on social assistance, they are not entitled to child support.
However, just because a parent is receiving money from the government. Does not mean the other parent is not required to contribute. To their child’s financial well-being. However, it does change how child support is paid.
The parent should pay child support directly to a government agency. Instead of directly to the other parent. While they are on social assistance. As well, parents have a variety of misconceptions about child support.
And rather than make assumptions. And potentially get in legal trouble. Vorse lawyer Edmonton suggests going to a legal consultant. Such as those at the law alliance in Edmonton.
Where they can ask as many questions. During their free one hour consultation. And then getting the correct answers, the first time around.