Divorce Lawyer Edmonton | Child Support Facts
It is crucial for parents need to understand according to divorce lawyer Edmonton. No matter if they are separating, or if they are obtaining a legal divorce. With minors stemming from their union. That child support will therefore significantly influence the entire situation.
Firstly, many believe. Child support is something. That doesn’t need to be. Paid or collected. Unfortunately, this is not true. Parents who misunderstand. Will undoubtedly do the wrong thing. And end up in legal trouble.
Secondly, in the province of Alberta, there are two acts. Dealing with child support matters. The first is the divorce act. The second is the family Law act. Regardless of if parents. Are legally married or if they. Were only common law.
They must deal with child support. Even if children are over the age 18. They still may be required. To pay child support. The reason behind this. Is because it is the right of the child.
To have both parents contribute financially. To their upbringing and well-being. Until they no longer require help. Therefore, children who are enrolled. In post secondary education. May still be entitled.
To have their parents receive child support. Even, children who are financially. Or emotionally dependent on one parent. May be entitled to have their parent receive. Child support payments.
After their eighteenth birthday. As mandated by the courts. It is the right of the child. To have both parents financially contribute. Ultimately, this is why. Child support is mandatory.
Therefore, parents don’t agree with each other. And refuse pay child support to the other parent. Or perhaps, both parents end up with an amicable relationship. Or they may be sharing access equally.
They may both be well off. Or at least financially comfortable. And have a private agreement with each other. That neither parent needs to pay child support. However this is not a decision.
They can legally make. They are legally obligated. Financially to their child. However, if a parent never pays. And leaves the country. They may honestly believe.
They are no longer obligated. To pay child support because they’ve left. Canada’s legal jurisdiction. Regardless of the reason they left.
Chances are extremely likely. That the parent will be legally required. In their new country to pay child support. Whether they have one child. Or more, even with multiple partners.
The reason why is because Canada has legal agreements. Named reciprocating jurisdictions with other countries. Throughout the world, such as child support says Divorce Lawyer Edmonton.
Parents are still obligated to child support agreements in their new home. And leaving the country does not relieve them. Of their financial and legal obligations.
The list of countries. That have reciprocating jurisdictions with Canada. Is exceptionally long. The most common countries. That have reciprocating jurisdictions with Canada.
Is the united states of America. As well as the United Kingdom. Australia, South Africa, Singapore and many more. The list of the dozens of countries. Are available for free online
Parents not want to end up. In legal trouble in their new country. Because they could face. Jail time or deportation says Divorce lawyer Edmonton. They pay the child support to which they are legally obligated.
Divorce Lawyer Edmonton | Child Support Facts
Child support laws, emphasizes divorce lawyer Edmonton. Are crystal clear according to the courts. And are unyielding. However many parents. Have many misunderstandings. About this aspect of family law.
Parents believe they can legally withhold child support. If their ex spouse is denying access. Or failing to drop off the child. On time or drop them off late.
So a parent decides to stop paying child support. Both scenarios are actually considered completely separate from each other says divorce lawyer Edmonton.
Therefore, if access. Is denied by one parent to the other. Or if a parent is making access difficult. Or causing one parent to have less time. In any way, shape or form with their children. Then ultimately, the other parent.
Needs to access their divorce lawyer Edmonton. In order to proceed legally through the court system. To obtain access. In a legal way. Because the parent withholding access will undoubtedly face legal ramifications.
Therefore, both parents need to clearly understand at all times. That under no circumstances is it acceptable. To avoid paying child support.
If a parent does stop. Paying their court mandated child support payments. What will happen. Is An Alberta agency will step in.
This agency is called the maintenance enforcement program. Their purpose is enforcing court ordered child support. And they have the authority to do so.
Firstly, they can seize, a person’s drivers license. Secondly, seize their passport if they have one. Garnish wages, seize assets and more.
A person will be. Dealing with Maintenance Enforcement. Until they have not only. Started paying child support. But paid any amounts they missed.
However, if parents cannot afford child support payments. Maybe they lost a job. Got a demotion, or got acut in wages.
And making ends meet is now difficult. Parents should therefore contact their divorce lawyer Edmonton. In order to appeal to the judge.
They can ask to have the payment amount reduced. After showing proof of their financial situation. For instance, new paystubs.
Proving that their financial situation is different. From when it was first calculated. That the law does not view child support. As a punishment, but rather a way.
Parents can equally support their child. Since it is easy. To amend child support payments. As their circumstances change. There is therefore absolutely no reason. To deliberately pay less. Or to cease their payments entirely.
Some parents may worry. Because their income changes. Significantly from week to week. Or from one month to the next. Because they are paid 100% commission. Or most of their income is from tips. They need not worry.
This is because parents may sign up for a program. Where they register their weekly income. And child support is calculated. Based on their actual income. Which will fluctuate regularly. This way, they can continue paying child support.
But never more than they can afford. Especially if they have a month. Where they didn’t make as much. As they have in previous months.