Divorce Lawyer Edmonton | Determining Your Child Support Payments
Child support is considered a right of the child according to divorce lawyer Edmonton. And is required by law. Even if parents share equal access of the children.
There are mechanisms in place to ensure that child support. Not only can be calculated. But that parents are contributing equally. To the raising of the child, that they both created together.
Regardless of whether parents are legally married. Or simply living common-law. Child support is going to be calculated the same. One of the first things that parents are going to have to decide.
Is figuring out where the child is going to be living. The reason why this needs to be figured out first. Is because who has the child most of the time. Will factor into child support payments.
Divorce lawyer Edmonton says if a parent has access to the children. 60% of the time or more, the parent that has access less time. Will be the one that has to pay child support.
It will be calculated by looking at their income. As stated online one hundred and fifty of their last notice of assessment. When parents are divorcing or separating. They will get a notice to disclose in the mail.
Requiring them to share their income information. With the courts. As well as their ex spouse or significant other. In order to help determine what the child support payments will be.
However, divorce or Edmonton says more parents are sharing access equally. Than ever before, which means. This way to calculate child support. Is no longer the most common way to do it.
For example, when parents are sharing access equally. Approximately 50% of the time. Where the child or children will live with one parent for one or two weeks. Before switching to move to the other parent for the rest of the time.
The way child support is calculated. Is under section 9 of the family Law act of Alberta. It is called set off child support. And specifies that when parents share equal access. Child support will be calculated by figuring out.
Who earns more money out of both parents. The parent that makes more money will pay a percentage of the difference. Between both parents income. By calculating child support this way.
They even the playing field so to speak. And while both parents share access. The parent that makes more money. Will pay a bit more money to the other parent. So that they are both contributing equally to the upbringing of their child.
However, because child support is based on income. Parents should not feel as though it is. An amount that cannot change. If there financial circumstances change. Such as one parent loses their job. Or gets another job.
Where they are making significantly less money. All they have to do is get their divorce lawyer Edmonton to go back to court. And inform the change that has been made. So that they can reduce child support payments fairly and correctly.
Divorce Lawyer Edmonton | Determining Your Child Support Payments Today
When parents are separating or divorcing, a divorce lawyer Edmonton. Can help ensure that they do this fairly as well as correctly. One thing that many parents do not take into consideration.
Is that child support is actually required by law. And is considered the right of the child. Both parents helped make that child. And therefore, both parents must contribute, at least financially to that child’s life.
This is why parents who have decided. To relinquish their parental rights. Or not have any access to the child. Are still required by law, pay child support indefinitely. Many parents do not know this.
Or, they think that child support is tied closely. To access to the children. And often take it upon themselves. To withhold one, if one parent is withholding the other. This could get both parents into significant legal difficulties.
For example, divorce lawyer Edmonton says if a parent is not allowing access. To the child to the other parent. The appropriate response is to simply go to court. And inform them that the other parent is withholding access.
It is not considered legally allowed or appropriate. For parent to decide to withhold access like that. However, if a parent decides to withhold child support. Because that parent is withholding access.
This is a case of two legal wrongs definitely do not make a legal rights. If the parent withholds child support. Because one parent is withholding access. Oath parents will land in trouble instead of just the one.
Divorce lawyer Edmonton says the opposite is also true. If a parent decides to withhold child support. The other parent cannot simply withhold access. Because the two are not tied to each other.
And if one parent thinks that they can withhold child support. By fleeing the country. They will also discover. That this is not likely going to be a successful plan.
Canada has what is called a reciprocating jurisdiction. With hundreds of different countries throughout the world. What this means, is they have an agreement. That Canada as well as the country where the agreement exists.
Will uphold the other countries legal decisions. Such as child support. Therefore, if a parent has a child support judgement in Canada. Laying to another country where there is a reciprocating jurisdiction. Means that the new country they are now living in.
While require them to pay child support. And failure to do so, will end up with that person. Having to withstand the penalties of failing to hold up their end of a legal agreement. According to their own countries laws.
Therefore, failing to pay child support in Canada. Could result in a person losing their drivers license, passport and wages. But in the country that they flee to. They may be facing jail time instead.
There are hundreds of countries. That have reciprocating jurisdiction with Canada. Including most of Europe and Africa. As well as places like Singapore, New Zealand, the United States and the United Kingdom.