Divorce Lawyer Edmonton | Figuring Out Child Support
Child support can be a difficult issue to understand according to divorce lawyer Edmonton. Which is why, they help many people. Navigate this issue. Within the Alberta legal system.
One of the most common questions that they receive. Is wondering, if child support is mandatory. Many parents wonder this. Because they do not know if they have to pay child support.
If the spouse that has more access. To the children, makes more money than they do. They also wonder, if they have to continue paying child support. If their children are over eighteen years of age.
However, they are still going to post secondary. Another thing, that many people are wondering. Is if there ex-spouse withholds visitation. Do they still have to pay child support.
While there are very easy, and clear answers to these questions according to divorce lawyer Edmonton. And, they are outlined. In two separate legal acts. That govern divorce, and separation in Alberta.
These acts are available for free online. However, the average person. May not understand. Exactly what they mean. Which is why, people hire a divorce lawyer. At some point during the process.
They are able to offer sound advice. And inform parents. Not only what their rights are. But also, what their legal obligations are. Not just to their ex spouse. But to their children as well.
For example, the answer to the first question. If a parent has to pay child support. When their ex-spouse makes more money than they do. The answer to this question is a very simple yes.
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There are many circumstances. Where the parent who has more access to the children. Ends up being the parents. Who earns more money in the relationship. Still should receive child support payments.
The reason why, is because child support. Is considered a right of the child. It is not a payment to the spouse. But away, for the parent. To contribute financially, to the basic necessities.
That the child needs, in order to live. It is to help pay. For the food, the clothing and shelter. That the other parent is naturally providing. Because they have the child more often.
The answer to the second question. Of whether child support still needs to be paid. If the parent withholds access. And again, divorce lawyer Edmonton says. The answer is yes.
The reason why, is because it is the right of the child. For both parents to contribute. To the basic necessities of life. For the life that they helped to create. And even if a parent is unable.
To see the child, because one parent is withholding visitation. If they are unable, because they have been deemed. By a court of law to not be suitable. Or, if they do not want to see their child.
That does not negate their obligation. To provide financially. For the life that they created. Therefore, child support is required. There are in fact, extremely few circumstances.
Where the court would allow any parent. To not contribute to the life of the child. And if parents want any more answers to their questions. They can contact the law alliance. For one hour consultation.
Divorce Lawyer Edmonton | What To Know About Figuring Out Child Support
Child support is mandatory says divorce lawyer Edmonton. When there is a marital breakdown. Or, the relationship is common law. But, children were created out of that relationship.
It is very simple. If parents create life together. They are both obligated to that life. To provide them with the basic necessities of life. One parent is usually the one. That has the children more often.
Therefore, the other parent must compensate them. With child support payments. However, it is becoming increasingly common. For parents to share access. And even amount, such as 50% split.
A common way this happens, is for the parent. To see the child one week. And then the other parent sees them the next. And in a situation like this, where no parent has more access.
Parents often wonder, how child support is calculated. It is very simple says divorce lawyer Edmonton. It is outlined, in section 9 of the divorce act. Or the family Law act of Alberta.
And section 9, also called set off child support. Specifies that when parents share access. Which is actually, in most cases. Considered most beneficial for the children. Child support shall be calculated.
By looking at the income of each parent. A percentage of the income will be calculated. And then the difference between the two. Must be paid. By the higher income earner. To the lower income earner.
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This way, because they both equally contribute. To the food, clothing and shelter. Of the children from their relationship. The parent, who makes more money. Will offset the cost for the other.
In most cases, parents are completely amicable. But there are situations. That divorce lawyer Edmonton must help people navigate. When the parents, are not getting along.
For example, both parents. A required to submit. A notice to disclose. Or receive a request for financial documents. This is a legal requirement. That both parents must do. On a yearly, or semi annual basis.
This will ensure, that the most. Up-to-date financial information is known. And the most fair child support payments. Will be calculated. However, some parents think that they are being smart.
By failing to disclose this information. And as such, they will not have to pay. Any child support at all. However, this is a poor idea. Because it will end up. With both parents going to court.
And a judge, will have to figure out. What a fair child support payment. Will be for that parent. The judge will base this information. Off of their job description. As well as anecdotal evidence from the other spouse.
Chances are that the estimate will be high. And that is the legal requirements. That one parent must pay. And they could have paid less. If they simply disclose their income in the first place says divorce lawyer Edmonton.