Divorce Lawyer Edmonton | Figuring Out Your Child Support Payments
While nobody wants to get separated or divorce according to divorce lawyer Edmonton. This is a reality for almost half of all Canadian couples. And when there is children involved, there is the added complexity. Of figuring out child access as well as child support.
While many parents believe that child support and child access. Our two separate issues. This is true, however child support is figured out. By calculating who has access the majority of the time.
For example, if parent has the children in the relationship. 60% of the time or more. The other parent will be the one. Who has to pay child support, according to Alberta law.
However, while they are related in this way. They are not related. By saying if a parent does not have access. They cannot pay child support. Is not true as well as vice versa.
The first thing that parents are going to have to do. When they are separating or divorcing. Is figure out where the children will be living. While it was very common in the years passed.
For one parent to have access the majority of the time. For example, having the children throughout the week. While the other parent has access on the weekend. It is now more commonplace than ever before.
For parents to share access the same amount of time. In these two different instances, divorce lawyer Edmonton says child support will be calculated. Slightly differently when one parent has more access.
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The parent that has access less of the time. Will be the one paying child support. And by calculating a percentage. Of their income, as noted on line 150 of their notice of assessment.
That is the amount of money. That the parent will be expected to pay per child. When parents share access equally. Parent that makes more money will pay child support.
This is called set off child support, and is calculated. By taking a difference of both parents income. And then taking a percentage of that figure. The only time that parents will not be required to pay child support.
Is if they share equal access. And make an identical amount of money. The next thing that parents are going to have to realize. Is that if there are extracurricular activities, or additional expenses like daycare says divorce lawyer Edmonton.
That is also going to be paid. Through type of child support under section 7. Both parents must contribute to extracurricular activities. As their finances allow. Therefore, if a parent cannot afford something.
The court will never require they pay it. Speaking of not being able to afford something. Parents should also be communicative with the courts. And if there financial circumstances change. Such as they lose a job.
Or get a different job where they are getting paid less. By communicating that with the court. They can have child support payments reduced if they are unable to afford. The amount that they were once paying.
Divorce Lawyer Edmonton | Helping Figure Out Child Support Payments
Paying child support is a reality for many parents says divorce lawyer Edmonton. But there is a lot of misinformation about this topic. Partly, because so many Canadians watch American television and movies.
Where the laws are slightly different. When parents in Alberta are getting a divorce. Or they are separating and children are involved. The first thing that they should do. Is talk to a divorce lawyer.
To figure out not only their rights. But their obligations as well. What many parents do not realize. Is that paying child support is not optional. And is considered by the courts. To be a right of the child.
The child is able to demand. That both parents contribute to their financial well-being. Paying for their necessities. Such as food, clothing and shelter. This is why it is completely impossible.
For parents to agree with each other. That they do not think child support needs to be paid. Especially if they are both well off. But this is a decision that they cannot make.
Because it is law that they both must contribute. To the upbringing of their child, if only financially. This is also the reasons says divorce lawyer Edmonton why a parent. Who has decided to give up their parental rights.
Cannot avoid paying child support even when they no longer see their child. This is considered one of the most important aspects of protecting children’s rights. And this is why there are stiff penalties.
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If people stop paying child support. Some parents also have a misconception says divorce lawyer Edmonton. That there going to be able. To stop paying child support. If there ex-spouse stops allowing access to the child.
While denying access is illegal. The best course of action. Would be for the parent to inform the court. That they are not receiving the access that they should be getting. Rather than taking matters into their own hands.
And the opposite is also true. If a parent stops paying child support. It is not appropriate. For a parent to stop allowing access in order to. Encourage the other parent to start paying child support again.
The law will come down hard on either parent. That stops paying child support. As well as stops allowing access. And rather than trying to get back at the other parent. Or exact revenge by stopping paying or not allowing access.
They should then retain their divorce lawyer. And head to court to inform them of what is going on. Even if one parent is withholding access of the children. The parents that is not paying child support. Will trigger the maintenance enforcement program.
Which is an agency in Alberta. Which the sole purpose of, is enforcing child support orders. They have broad, and sweeping powers. To encourage people to pay their child support. Including the authority to suspend drivers licenses and confiscate passports to name a few things.
It is very important that people understand the importance of child support. And if they have any questions, they should contact the experts at eLaw Alliance to help them understand.