Divorce Lawyer Edmonton | Facts About Child Support
There are many things that need to be taken into consideration when a couple visits a divorce lawyer Edmonton for the first time. Including what their legal obligations are regarding the children of the relationship.
Anytime there is a marital breakdown and there are children involved. Both parents must take responsibility for that child. Even if it is only a financial support.
Financially supporting the child is the right of the child. And an obligation of each parent. Regarding this of if they have custody, or how often they see the child.
And in some circumstances, even if one of the parents does not want to have anything to do with the child. They still are obligated to pay child support on an ongoing basis.
There are extremely few cases where a person would be exempt from paying child support. And before they assume that their case would allow them to not pay.
They should find out what the Alberta family Law act and divorce act specifies. Or contact their divorce lawyer Edmonton. To find out what their legal requirements are in this case.
Even when one parent makes significantly more than the other parent. And even when the parent that makes more money is the custodial parent.
The noncustodial parent must make child support payments to the other parent. In order to financially support their child.
However, that does not mean that the noncustodial parent must pay whatever the custodial parent demands. That all child support is calculated using a provincial formula.
And all citizens throughout the entire province. Will pay the same amount based on their income. Therefore, they do not have to worry that the custodial parent will make demands they cannot afford.
However, if a parent finds that they cannot make the child support payments. That has been agreed upon or mandated by a judge. Because their circumstances have changed.
Instead of simply stopping making payments. The parent whose circumstances have changed such as they lost a job. Should contact their divorce lawyer Edmonton.
In order to inform them that their circumstances are different. So that they can recalculate the amount of money that they must pay on an ongoing basis.
The intent is not to financially punish anybody. But to ensure that both parents continue to financially pay. For the life that they both helped create.
In fact, one concern of some parents who pay child support. Is that they do not have a consistent income from year to year. And they do not want to have to keep going back to court.
In order to recalculate the amounts they have to pay. In these circumstances. Parents can register for a program called the recalculation program.
Which will have the authority to recalculate child support payments on an annual basis. Without requiring a parent to go back to court to do this.
Ultimately, if parents have any questions about child support payments. They should contact their divorce lawyer Edmonton. And find out the facts about what is required. So that they can ensure that they are acting within the law.
Divorce Lawyer Edmonton | Facts To Know About Child Support
Whether a couple is divorcing, or separating, they should talk to a divorce lawyer Edmonton. Especially when there are children involved. Because that may significantly impact many aspects of their separation or divorce.
It is very important that both parents understand. That it is the right of the child. For both parents to contribute financially to their upbringing. Which is why both parents must contribute in some manner.
Typically, there is going to be a custodial parent. Which is referring to a parent that has the child for more than 60% of the time. And since they have the child for the majority of the time.
They do not have to pay child support, because they bear the burden of raising the child. Therefore, the other parent must pay child support in order to contribute financially to the upbringing of the child.
Even if the custodial parent makes more money than the other parent of the child. They must pay child support. By an amount that is calculated with a provincial equation.
One misconception that many parents often make. Is if they skip the country, they can get out of paying court ordered child support payments. However, this is not true at all.
Because if they go to the United States of America, which is where most people skipping their child support go. They need to understand that the United States of America and Canada are considered reciprocating jurisdictions.
But that means says divorce lawyer Edmonton, is that child support orders granted in Canada. Can be enforced in the United States and vice versa. So they will still be required to make child support payments.
And what is even more important to understand. Is that there are many other countries that have reciprocating jurisdictions with Canada.
Which means it is not very likely. That a parent would get out of making child support payments. Even if they went further than the United States.
And some parents do not even take enough initiative to skip the country in order to start making child support payments. And for these parents, they will be pursued by the maintenance enforcement program.
This program gives a lot of power to the enforcers. To encourage the parent to pay child support through a number of different ways.
Not only can they suspend parents drivers license if they refuse to pay child support. But they can also confiscate that person’s passport and garnish their wages.
Only after a parent starts paying child support, and pays back all of the retroactive payments. So that they are no longer in arrears.
Will the maintenance enforcement program allow that parent to regain their drivers license. As well as give them back there passport.
Therefore, it is very important that parents do not stop paying their child support. And if they cannot afford it, they should contact their divorce lawyer Edmonton or go back to court. In order to get their payments recalculated.
There are many things regarding child support payments. That can end up with parent in a lot of trouble if they do not pay.
Which is why it is important that both parents find out their rights as well as obligations. So that they can ensure they are following the law.