Divorce Lawyer Edmonton | Is Child Support Mandatory
When divorcing or separating couples sit down with divorce lawyer Edmonton. They often have many questions. Most of them, dealing with children. In the relationship, and how to proceed.
There are 2 Different Acts in Alberta. That deal with relationship breakdown. And what happens to the children. In both situations. One is the divorce act. And can only be used. When couples have been legally married.
The family Law act, is the second one. And is used, in all other circumstances. When people are ending their relationship. But they have not specifically. Been legally married. When children are involved.
People may discover. That both the divorce act. And the family Law act. Have identical passages. About how children are going to be impacted. However, while these acts are available to read. For free online.
Hiring a divorce lawyer Edmonton. May not only be a good idea. But eventually, it is going to be mandatory. If there is a child in the relationship. Because access, and child support must be calculated.
Through the court system. Ultimately, when there are children in the relationship. One of the first things that needs to be figured out. Is where the children will live. This will impact child support payments.
While most of the time now. Parents are sharing access of the children. Such as spending one week. At one Parents place. And then the child going to the other parent. For the second week.
When this is the scenario. Many parents might mistakenly assume. That child support is not needed. But this is not correct. How the courts deal with this. Is actually through section 9. Of either the divorce act.
Or the family Law act. Section 9 is also called set off child support says divorce lawyer Edmonton. And outlines the calculation. That must be done, to figure out. Which parent pays child support and how much.
By looking at the total income. Of both parents. And then, taking a predetermined percentage. Of each amount. The courts will look at who has the higher percentage. They are the parent that must pay child support.
And the amount that they must pay. Is simply their percentage. Minus the percentage of the other parent. Therefore, the parent who is the higher income earner. Will end up paying child support to the other.
However, while this is now considered. What most parents do. Some parents may have different access. For a variety of different reasons. One parent might have the children. Throughout the week.
While the other, has access on the weekends. A parent might travel for their job. And therefore, they have no specifically defined access. And that is considered open access.
However in all situations. How child support is calculated. Is according to section 3 of the divorce act. Or of the family Law actas an example. While there are two acts. They ultimately say the same information. Such as that both parents.
Our legally obligated to pay for their child. Therefore, the parent that sees the child less. Will pay the parent. Who has them more, and therefore bears the financial burden more heavily. In other words, who must pay whom.
Divorce Lawyer Edmonton | Parents Should Know That Child Support Is Mandatory
It is extremely important for parents to understand child support according to divorce lawyer Edmonton. Because if they make mistakes. It can trigger a wide variety of responses.
From being taken to court. And be ordered to pay more money. To triggering maintenance enforcement. Which is an agency in Alberta. That has very broad authority.
To enforce child support orders. They are able to suspend drivers licenses, confiscate passports. Garnish wages, and even sees a person’s assets. Parents will not want to this to happen.
Which means, they should understand what their obligations. And then adhere to them. Because the divorce act. As well as the family Law act specifies. That child support is a right of the child.
To have both parents support them. There are virtually no situations for example . Where court would agree. To permanently waive child support payments. Therefore, the parent that owes child support.
Needs to understand. That if they do not pay. The law will not be on their side. While they might have many. Legitimate questions of their divorce lawyer Edmonton. Besides these questions should simply be on how to navigate.
The child support issue. And not how to get out of it. For example, some parents may wonder. If they still pay child support. To the spouse, if they are receiving social assistance. The answer to this question.
Is that yes, the spouse must pay that child support. However, when they are receiving social assistance. That money must go through the government. Therefore, while they still owe child support.
Henceforth they will pay it to the government. Instead of directly to their spouse. Moreover, another question that people often have. Is wondering, who has to ultimately pay. For any extracurricular activities.
Ultimately, both parties are obligated to pay. They will submit their income to the courts. Who will look at the amount that they can afford. And percentage of each income. Will go towards the extracurricular activities.
The parent that has less access. Cannot dictate what activities. The child will or will not to do. But simply, to pay for the ones. That the child has been put in. By the parent with more access.
However, if a parent cannot afford. To pay for extracurricular activities. They ultimately will be deemed by the court system. To not have to pay. Hence the expense of the extracurricular activities.
Is too expensive for both parents to pay. The child would not be permitted to join. Whether it is music lessons. Sporting activities. Art or even daycare. These are all of the expenses. Covered under section 7.
Because this can be a complex issue. People who are divorcing. But also, people who are splitting up. Where there are children in the relationship. Moreover need to hire a divorce lawyer Edmonton.
However elaw alliance offers free, when our consultations. That ultimately can help parents. Understand, what their next steps will be.