Divorce Lawyer Edmonton | How Much Child Support Is Owed
One question that divorce lawyer Edmonton gets frequently. When parents are divorcing each other. Is who has to pay child support, and how is it calculated?
Ultimately, the laws governing child support are contained within the Alberta family Law act as well as the divorce act. And can be found for free online. For anyone who wishes to read them.
However, because these acts can be confusing, or difficult to read. Anyone who has questions can always set up a consultation with a divorce lawyer Edmonton.
One of the most important things that parents need to remember. Is that child support is a right of the child. And is a way to ensure that both parents are contributing financially to the life they helped create.
And because of that, it is very difficult to get out of paying child support. Even if a parent is not allowing the noncustodial parent to see them. Or if the noncustodial parent does not wish to see them.
Therefore, parents need to understand that child support payment is not dependent on visitation. And they will not be let off the hook in court if they use that as a reason why they are not paying.
In addition to that, child support payments are based almost exclusively on the noncustodial parents income. Each means even if because Toto parent makes significantly more money.
That also does not believe a parent of their obligation for paying child support. However, if the custodial parent makes significantly less money. They may apply through the court to increase their child support payments.
As well, both parents should be aware. That if the child is enrolled in any extracurricular activities. Such as joining a sports team like hockey or soccer.
Or are involved in any classes outside of school, such as art, dance, or music. That both parents are actually obligated to pay for those expenses.
These are considered section 7 expenses under the Alberta family Law act. And by submitting their income information to the court.
They will be able to find out what percentage of those extracurricular activities they must pay. Based on their income it will be a proportionate amount based on their income. As long as they can afford it.
It is also important for parents to understand. That child support does not automatically cease when the child reaches eighteen years of age. And this is one misconception that the majority of parents believe.
In fact, if the child is enrolled in a postsecondary institution when they reach eighteen. Whether that is a university or college. Or even if it is a trade school or technical Institute.
That can ensure that the child is entitled to child support until their schooling is done. Or until they reach the age of twenty-three. In fact, there can even be some extenuating circumstances.
Where child is still dependent on the custodial parent. And in that case, the court may award child support to continue for several years after they reach eighteen years of age.
By understanding the legal requirements. Can help prepare both parents for what they need to adhere to. But if they have any questions, they should always contact their divorce lawyer Edmonton.
Divorce Lawyer Edmonton | How Much Child Support Does A Parent Owe
Parents often have questions for their divorce lawyer Edmonton. When they are divorcing and children are involved. By understanding their rights as well as obligations. Can help them avoid legal problems.
For instance, because child support will be calculated by a percentage of the noncustodial parents income. It is required that they provide their ex-spouse as well as the court with their income information.
However, if the noncustodial parent does not comply or cooperate. And they do not provide their income information. They may believe that there will be no way to figure out how much child support they have to pay.
They may believe that they will not have to pay anything. Or they will have to pay only a minimum amount. Both of these assumptions are wrong says divorce lawyer Edmonton.
What will happen, is that the matter will go before a judge. And the judge will decide whatever child support payments they think are fair.
Based on the information given to them by the ex-spouse of the noncustodial parent. In addition to that, the judge can also order costs against the uncooperative parent.
And this can not only waste a lot of time, by requiring both parents to appear in court. But typically end up with the noncustodial parent paying more than they would have. If they cooperated from the beginning.
It is also important for parents to understand. That they have to pay child support. Even if they lose their job, or get a job that is paying less.
However, they can apply with their divorce lawyer Edmonton to the courts. To reduce child support. Or temporarily put child support on hold while they find a new job.
And as long as they communicate clearly with the court, they can reduce their expenses based on income. They can even apply for the recalculation program.
Which will allow a parents child support to be adjusted on an annual basis. As their income fluctuates on a yearly basis. And the benefit is, neither parent must appear in court in order to achieve this.
Basically, if a parent refuses to pay child support when it is owed. Not only can they end up in court. But they can also end up being pursued by the maintenance enforcement program.
Which handles enforcing child support court orders. This program has the authority to suspend drivers licenses and confiscate passports when people are noncompliant.
And ultimately, they can garnish parents wages when they refused to pay child support. And those wages will remain garnished, until they pay all of their retroactive child support.
The laws are very clear when it comes to protecting the rights of the child. And that is why it is important for child support to be paid. Because it is the right of the child.
And the obligation of the people who brought life into the world to remain responsible for that life. No matter what happens to them as a couple.