Divorce Lawyer Edmonton | Discovering Your Child Support
When parents visit their divorce lawyer Edmonton for the first time. They will learn a lot about their rights as well as obligations. Especially as it pertains to child support.
Many parents may not realize. That child support is actually the right of their child. And not an agreement. That they can enter into. With each other, or the courts. Some parents may think that they can agree.
That child support does not need to be paid. As they both make equal amounts of money. Or, because one parent is experiencing financial hardship. While this might be well-intentioned.
The courts does not allow this to happen. Because parents cannot negotiate away the rights of their children. Nor the obligations they have the life they both created. Therefore, parents need to understand.
For this very reason, child support must always be calculated, and paid. By doing so, they are ensuring that they are both contributing equally. In the eyes of the law to the life that they both worked to create.
How child support is calculated, first depends on the parents access. And while it was once considered far more likely. That one parent would have access. For the majority of the time.
This is the child support many people are most familiar with. This is specified under section 3. Of both the family Law act in Alberta. As well as the divorce act in Alberta. Issues about child support are the same.
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Whether parents have been legally married, or not. Therefore parents will need to figure out first. The living situation of the children. Or at least understand. When the living situation changes.
They must go back to court the help of their divorce lawyer Edmonton. In order to change child support. As per the living arrangements. Under section 3 it states that expenses.
That fall under the category of immediate necessities. Such as food, clothing and shelter. It is calculated by figuring out. Which parent has access 60% of the time or more. The parents that has the majority of the access.
Will be the one that receives the child support. And parents that has access 40% of the time or less. Will be the one paying it. The courts will calculate the amount of child support that they pay.
Based on a percentage of their income. Which is what is written online one hundred and fifty of their notice of assessment. Self-employed parents will need to set up an appointment.
With their accountant, in order to figure out. What their income is. In order to have the courts calculate their child support payments. However, it is far more common. For parents to share access equally nowadays.
And this is called set off child support. As outlined in section 9. Parents will compare income with each other. And the higher income earner.
Will pay child support to the parent that makes less money. To have all of a parents questions answered. They should set up an appointment with eLaw Alliance, conveniently located in Edmonton today.
Divorce Lawyer Edmonton | Discovering Appearance Child Support Payments
When parents are getting divorced or separated, their divorce lawyer Edmonton. Will help them figure out the often confusing scenario of child support. Child support is mandatory payment. That ensures both parents.
Contribute to the upbringing of their child. Therefore, the parent that has access to the child less often. Be the one that contributes payments. Because the parent that has the child more often. Is bearing a larger burden.
Of caring for the child. As well as caring for the necessities of life, such as food, clothing and shelter. One question that many parents have when they sit down with their divorce lawyer Edmonton. Is wondering if child support covers.
Paying for things such as extracurricular activities. While the answer is yes. This amount does not come from their initial child support payments. Which are specifically for food, clothing and shelter. But is under section 7. Of both the divorce act in Alberta. As well as the family Law act in Alberta.
It specifies that parents that would like to pay for extracurricular activities. Will make an application with their divorce lawyer Edmonton. To the courts, and both parents will disclose their financial information.
In order for the courts to figure out. First of all, if the parents can afford to pay for the period extracurricular activities their child is enrolled in. As well as what percentage they can afford to pay. Not only will this go towards.
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Extracurricular activities, but also additional child care expenses. Such as day home, or daycare expenses as well. When parents would like to get child support payments for this, they should go to the courts.
The next thing that parents need to understand. Is that child support is not considered punitive. Which means it is not a penalty, or a punishment. And therefore, they should not view it as something that is negative.
The courts always want to ensure. That they are doing what is fair for both parties. So if a parents financial circumstances change. Such as they lose a job, get laid off. Or get a different job where they get paid less.
As well as if they are injuring a specific financial hardship. Such as getting a medical problem. Or are the caregiver for someone who has medical problem. All they have to do is get their divorce lawyer Edmonton.
And go to court in order to inform them of what is going on. With their finances. As long as they inform the court, and are communicative. They can either have their payments reduced temporarily or permanently.
Or have their payments be allowed to be skipped. For a few months. And when their finances are more healthy. They can not only resume paying child support. But work towards paying the retroactive child support they missed. While they were going through their financial difficulties.
Failure to pay child support for any reason. Will trigger the maintenance enforcement program. Which could bring a wide variety of problems to the parent who is not paying.