Divorce Lawyer Edmonton | Grasping Child Support Laws
Child support is mandatory says divorce lawyer Edmonton. The matter what people may think about this payment. People often believe that child support and access are tied together.
And that is not true. While the court wants to support. Both parents seeing the child. As much as possible. Child support itself is considered. A legal right of the child. Have both parents contribute to their upbringing.
That is why it is a payment. The parents can never negotiate away. Or walk away from, divorce lawyer Edmonton says. Even parents who give up their parental rights. Are not going to be able to give up.
Their child support payments. And regardless of whether the parents are legally married. Or common-law, or not even in. A relationship at all, child support is calculated. The exact same way for all scenarios.
The first thing that parents will need to figure out. Is where the child is going to be living. If a parent does not have the child the majority of the time. They will be the one paying child support.
They will disclose their income to the court system. As well as the other parent, and the court. Will calculate child support. Based on a percentage of that income for each child they have.
If both parents share access equally. Which is more common nowadays than ever before. The calculation is slightly different. The court will subtract the income of the lower earning parent.
Off the income of the higher income earning parent. And the difference, is what will make up. The percentage on which the parent will pay child support. While this might seem confusing. It is a fair way for both parents.
To contribute equally to their child’s life. This method is called set off child support. And is outlined in section 9. Of the divorce act of Alberta. As well as the family Law act of Alberta.
If a person is withholding access. This does not give a parent the right. To withhold child support. Instead, they must hire a divorce lawyer Edmonton. To go to court on their behalf. And inform the judge what is happening.
It is this scenario of two wrongs. Do not make a right, and while the court can help encourage. The parent to allow access. The parent that withholds child support, will get into legal trouble.
Not only will they be required. To pay all of the child support that they owe. Any amount that is accumulating. While they were not paying child support. Will also must be paid in full.
In the court can go back several years. If they have not been paying for a long time. If a parent is under financial duress. Instead of avoiding paying child support. They also can go back to court. And explain their financial troubles.
And get their child support reduced, or temporarily put on hold. Until their financial situation improves. In order to retain a lawyer to help navigate this complex legal process. Parents can contact the experts at eLaw Alliance today.
Divorce Lawyer Edmonton | Grasping Child Support Laws Properly
Child support is very important stresses divorce lawyer Edmonton. And if parents do not handle child support properly. They can end up in legal hot water. As well as having their drivers license suspended and more.
Regardless of if a parent is allowing access or not. Child support must always be paid. Parents can go to court. In order to encourage the other parent. To allow access again.
But if child support payments are stopped. This is going to trigger an organization within Alberta. Called the maintenance enforcement program. And the sole purpose of this program is enforcing child support orders.
Not only do they have broad powers. But they are able to encourage people to pay child support. By threatening their drivers licenses, their passports. It can seize assets, and garnish wages and more.
Therefore, if a person does not pay child support. That may be their reality. And trying to find a job, or go to a job without a drivers license. May be very difficult or impossible.
Therefore, to avoid the difficulties. Parents should simply continue paying child support. Divorce lawyer and says another method some parents utilize. To avoid paying child support.
Is by fleeing the country. Perhaps they hold dual citizenship. Or, they have family or friends in another country. And mistakenly believe that if they leave one country. They will not be responsible for child support payments.
Canada is what is called a reciprocating jurisdiction says divorce lawyer Edmonton. With many different countries throughout the world. This means the countries have an agreement with each other. To uphold various legal agreements with each other.
Such as child support, if a person who owes child support. Flees to another country. That happens to be a reciprocating jurisdiction with Canada. That country can enforce the child support orders.
That means, a person may be living in another country. Thinking that they are off the hook for paying child support. But then, not only will they be required to pay child support. If they do not, they could be penalized.
According to that countries laws. About not upholding their legal agreements. Canada has reciprocating jurisdictions with many countries. Including the United States, the United Kingdom, Australia.
As well as much of Europe and Africa. As well as places like Singapore, Barbados and Papua New Guinea. If people are trying to get out of paying child support. They should not have children in the first place.
If parents have any more questions about child support. How it is calculated, or what to do. If they cannot pay child support. Or if there ex partner is no longer paying child support.
The best thing to do would be to contact divorce lawyer Edmonton. They can access the experts at eLaw Alliance easily. And not only can they get a one hour consultation for free.
They will also be able to ask questions. And find out what they should be doing. As well as what they should be avoiding in their specific circumstances.