Divorce Lawyer Edmonton | Important Child Support Info
Despite the fact that child support is very common, divorce lawyer Edmonton says. There are still a lot of misconceptions about it. Ultimately, what both parents need to understand. Is that it is a right of the child.
Have both parent. contribute to their upbringing. And that is the idea behind child support. It is the legal mechanism. To ensure that this is happening on a consistent basis. It is not a payment one parent.
For raising the child. And it is not a payment. That the law will allow one parent. To get out of for any reason. Even if they agree. To give up their parental rights. If they create life, the law figures they should pay for it.
However, because the laws about child support. Change from one province to the next. And are different from the United States. Or a lot of people get their entertainment and media from. There still a lot of misconceptions.
About this function of the law. According to many people, they can withhold child support. In order to encourage. There ex-spouse to start giving access to the child. Another misconception is that access to children.
Is called custody. This is turn of phrase from America. In Canada, and in Alberta specifically. It is called access to the child. Therefore, it is not the parent that has custody. That receives child support.
But the court system will look at. How much access each parent has. To the children from the relationship. The court system also determines. The children having as much access. To both parents to be what is in.
The child’s best interest. If parents are sharing access equally. Which is recently common these days. Divorce lawyer Edmonton says child support. Is then calculated by looking at. Who is the higher income earner out of the two parents.
They will subtract the lower income. From the higher income. And the amount that is left over. Is the amount that the courts use. To take a percentage of as a child support payment. As well, they will take a percentage.
For each child in the relationship. However, if the parents. Do not have equal access. And there is a 60% to 40% split or more. Then the parent that has access less. Is the one that pays child support.
In order to offset the costs. That the parent that has access more will spend towards. Providing for the food, clothing and shelter for the child. However, this is not where child support and either says divorce lawyer Edmonton.
Children can also have. To their extracurricular activities were daycare. Paid for through child support, as outlined in section 7. Of the family Law act of Alberta. And the divorce act of Alberta.
This will be again, based on a percentage of both parents income. They both must pay towards extracurricular activities. And it is only to what they can afford. No court will allow a parent to go into financial hardship. For extracurricular activities for example.
Divorce Lawyer Edmonton | Important Child Support Info For Parents
Most parents do not have problems with child support says divorce lawyer Edmonton. But there is also a lot of misconceptions about it. Which can make doing the right thing hard. As well, many people have heard horror stories.
About child support gone wrong. Or about who they would call a deadbeat parent. Who is no longer paying child support. And they get worried that it will happen to them. The good news is according to divorce lawyer Edmonton.
Is that deadbeat parents are extremely rare. And people that stop paying child support. Often do so, because there going through financial hardship. And all they have to do. Is simply contact their divorce lawyer. In order to inform the court.
That there financial circumstances have changed. Such as they got a new job that pays them less money for month. Or they have lost their job, and are living on EI for a while.
Or they are experiencing extenuating circumstances. Such as being the sole caregiver for one of their ailing parents. The court system does not look at child support says divorce lawyer Edmonton. As a penalty or punishment.
Therefore, they are more than happy. To reassess child support. If circumstances change. Circumstances a financial situation. As well as how much access each parent has. As well, if parents inform the court.
That they need a break. Or to stop paying child support for a while. The court will work with them. Until a solution is found. But if a parent simply stops paying, it will trigger. The maintenance enforcement program.
What this is, is an organization within the province. Whose sole reason for existing. Is enforcing child support orders that have gone delinquent.
Not only can they threaten to suspend drivers licenses and confiscate passports. But they can also follow through on these threats. As well as garnishing wages, and seizing a person’s assets.
They can keep these things indefinitely. Or use them as a bargaining chip. Promising to give them back. If a person catches up on the child support payments that they owe.
Another misconception about child support. Is that a parent who is on social assistance. Should not be receiving child support. Or that if a person is on social assistance. The child support is not need to be paid out.
This is actually inaccurate. If a parent should be receiving child support. Is on social assistance, divorce lawyer says this does not mean child support does not get paid. It simply gets paid to a government agency first.
As well, some parents want to know. What they can do. If they have income. That fluctuates wildly from one month to the next. Some people only work seasonally. Such as a school bus driver.
Or they work a job. Where they get hundred percent commission. Or they work mostly on tips. And they might have a large month. Followed by a very low income month. They can enter into a program with the court.
Where they can claim every month as they go. So that they never have to pay more child support. Then they can afford any given time. People with more questions about child support should contact their divorce lawyer and today.