Divorce Lawyer Edmonton | Critical Child Support Details
Child support is extraordinarily important says divorce lawyer Edmonton. Is the legal mechanism in which the courts utilize. To ensure both parents are remaining financially responsible. To the life they created.
And because it is the right of the child. To have parents contribute to their life. No parent can make the decision. To stop paying. Even if they agree with each other that it is not required.
For example, parents may agree with each other. That child support does not need to be paid. When the parent who is required to pay child support. Is experiencing financial difficulties.
Or if both parents. Our very well off and they agree. That it is not necessary to have child support payments. In order to pay for the necessities of life. This is not a decision either parent can make.
In fact, no person can override the rights of another person. Even if that person is a minor. And even if that person is there child. Therefore, parents may not need child support. But it still needs to get paid.
Divorce lawyer Edmonton says by understanding this. Can make the process more smooth. But also can help both parents avoid. Getting into legal trouble with their assumptions.
For example, if one parent withholds access. The other parent does not have the right. To withhold child support payments. First of all, access and child support are mutually exclusive issues.
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And the court sees both as necessary. A child should have as much access to both parents as possible. And a child requires child support payments. Therefore, if a person withholds access.
The appropriate response is actually to contact their divorce lawyer Edmonton. In order to go to court and inform them. And have the court system deal with the outcome appropriately.
However, if a person withholds child support. The other person should not withhold access either. Two wrongs definitely do not make a right says divorce lawyer Edmonton. And if child support is withheld.
Again, they should utilize their lawyer and go to court. To inform them of what is happening. If parents go to court and they are both withholding access and child support. They can end up in serious trouble.
It is also important that parents know that child support. Needs to be paid even if they share access equally. It is more and more common for parents. To have equal access with their child.
Such as the child living with them for two weeks and then the other parent for two weeks. Even though, many parents believe. That this type of access negates child support payments. This is not true at all.
Child support simply will be calculated differently. As it is called set off child support. Under section 9 of both the family Law act of Alberta. And the divorce act of Alberta as well.
Parents can hire a great divorce lawyer at the Law alliance and find out. All of the things they need to know. About child support as it pertains to their situation.
Divorce Lawyer Edmonton | Critical Child Support Details For All Parents
Child support is required, but highly misunderstood says divorce lawyer Edmonton. It could be that parents are consuming a lot of media. From the United States, where laws are extremely different.
In Canada, child support laws are different from one province to the next. And the laws containing child support include the family Law act of Alberta. As well as the divorce act of Alberta.
The laws will be the same, regardless of which act people are looking at. And people can read them for free, online any time. However, it may be difficult to understand the legal speak used in the documents.
This is why hiring a divorce lawyer Edmonton can be incredibly beneficial. They can relay the information in both of the acts. To the parents in clear and easy to understand terms.
There are two things that parents are going to have to do. When they are separating or divorcing. In order to ensure that child support can be calculated correctly.
The first thing is decide where the child or children will be living. This does not need to be a permanent decision. Parents can change this at any time. And it is likely going to change several times over the next few years.
The parent that has access the most often. Will be the parent that receives child support. However, it is increasingly common. That parents share access equally. In this case, it is called set off child support.
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Where the higher income earner. Is the one to pay child support to the other. Once they understand where the children are going to be living. The next step is disclosing their financial information.
Divorce lawyer Edmonton says both parents will be required. To disclose their financial information. Not just to the court. To each other. They will likely get a notice in the mail, often labelled a notice to disclose.
Or a request for financial documents. Then, both parents will appear in court. And the judge will figure out. How much child support must be paid. However, this is considered to be the right of the child.
And not a penalty. Therefore, if parents have any problems. Paying the amounts that they have been assessed. They can utilize their divorce lawyer to petition the court. The lower their payment.
Perhaps they have an extra high debt servicing load. Or, they lost their job. Or got a job making less money. After the child support was assessed. It could even be that the parents decided.
That the living arrangements for the children would be different. And these are all valid reasons to go back to court. And ask for a different assessment. If a parent can prove that they have financial hardship.
The court will work with them, either reducing their payments. Or giving them a break from payments. Until they are more able to pay. As long as they understand they will have to pay the total child support that they would have to. Once they are more financially well-off says divorce lawyer Edmonton.