Divorce Lawyer Edmonton | Determining Your Child Support
Child support does not need to be confusing says divorce lawyer Edmonton. It is just that there is misconceptions that make figuring out. What to pay, and when a little bit more challenging.
The laws in Alberta are exceptionally clear. And whether parents have been legally married. Living common-law, or simply not living together. But created a child together. The laws surrounding child support are clear.
For legally married couples. They will look into the divorce act. And all others, will look at the family Law act of Alberta. However, when it comes to child support. The information in both will be identical.
It does not matter how the parents are related to each other. The child support laws will be the same, in order to protect the children the same. One of the first things that divorce lawyer Edmonton will explain to parents.
Is that child support is they are. In order to ensure that both parents are taking financial responsibility. For the life that they created. It is not considered a penalty or punishment. But it is a legal obligation.
And one that they cannot negotiate away from. For example, some parents will try to come into an agreement with each other. That they will not require child support. May be because they have an amicable relationship.
Or because one parent understands that the other. Is experiencing financial hardship. But this is not a decision that parents can make on their own. In fact, it is because of the legal obligation to the child.
That they cannot negotiate this away. However, if parents are experiencing financial difficulties. They should take some solace in the fact that the court system. Is not going to be punitive in dishing out child support payment requirements.
For example, they will always take into consideration. Not just a parents income. But there financial burdens as well. They will look at what their debt load is. Put their bills are like.
And if there are any extenuating circumstances. That may negatively impact a parents ability. To pay child support. For example, they might have an illness. That keeps them from able to engage in regular activities.
And they might even be a primary caregiver. For an aging parent for example. The courts are not trying to punish a parent for having a child. But simply provide a mechanism. To ensure both parents are caring for that child.
Therefore, even if it is a small amount. The parent will be expected to pay that child support. As a way of demonstrating. That they are taking responsibility for the life that they created.
Child support is calculated not just on finances. But on who has access to the child.most. By figuring out this important calculation. As well as finances. Both parents can positively contribute to the upbringing of their child.
Regardless of how much money they make. Or who has what kinds of access. And if parents have any more questions. Divorce lawyer Edmonton at eLaw Alliance. Will be more than happy to answer any and all inquiries.
Divorce Lawyer Edmonton | Determining Your Child Support Accurately
Whether parents are getting divorce, or simply separating, divorce lawyer Edmonton says. If there are children involved. They need to take child support extremely seriously. Not only is it considered a parental obligation.
But it is in fact, legally a right of the child. To have both parents that created them. Contribute positively to their upbringing. Even if that is only financial in nature. When a separation or divorce is occurring.
The courts will issue a notice to disclose. Or a request for financial documents. This is a legal requirement. For parents to share their financial information. Not just with the courts, but with each other.
Either yearly, or semiannually. This can include providing a notice of assessment that they have been assessed on their last batch of taxes. To ensure that everyone knows how much money both parents make.
So that the judge can figure out. What is an appropriate amount of child support that they have to pay. If a person fails to disclose to the courts. Or to the other parent how much money they make. They may believe that they are getting out of a child support payment.
But it does not work that way. The judge has the authority to be able to assess any amount they see fit. For the other parent to pay, and usually it ends at being. A much larger amount than a parent would otherwise have to pay.
Therefore, divorce lawyer Edmonton cautions all of their clients. To avoid trying this technique. To get out of child support. Besides, they should own up to their responsibility. And care for the life that they created.
Another thing that parents should keep in mind. Is that the main payment of child support. Is to pay for food, clothing and shelter. Or at least offset the cost of that.
But there is also child support. That can be paid to help cover the cost of extracurricular activities. As well as additional child care expenses such as daycare. The next thing that parents should keep in mind. Is that if they stop paying child support at any time for any reason.
Without informing the courts. That will trigger what is known as the maintenance enforcement program. In Alberta, this is an agency formed. As a way of enforcing child support orders that are not currently being paid.
Throughout the province, they have significant authority. And are able to suspend a person’s drivers license. Confiscate their passports, garnish their wages. And even sees assets if they do not pay.
If a person is truly unable to pay their child support. They should retain a divorce lawyer Edmonton. Such as the experts at eLaw Alliance in Edmonton. In order to request legally through the courts.
To reduce either temporarily or permanently. Their child support payments. After demonstrating that they have either had a financial change. Or that they are currently going through financial hardship. As long as they are keeping the court up-to-date.
It will not trigger any enforcement. Which is why parents should always communicate with each other and the court when child welfare is concerned.