Divorce Lawyer Edmonton | Is Child Support Required
It is difficult enough says divorce lawyer Edmonton. When a relationship ends. Whether it is common law. Or, if it is a legal marriage. There are laws, governing conduct between both parties.
And when either type of relationship. Has children, that came from. The union, there is also. Laws governing, the rights of the child. And the parents legal obligations to the life that they both created.
One of the first things. That parents are going to discover. When they are ending their relationship. Is they will get, a notice to disclose letter. In the mail, or, it will say request for financial documents.
What this is, is a legal disclosure notice. Parents are both required. By law in Alberta. To disclose their financial information. On a yearly basis, starting. When they both decide to go their separate ways.
The reason why this is required. Is because the court system. Is going to need information. To base how much child support. The parents are going to have to pay. Since this is a calculation based.
On the parents income, this notice to disclose. Is in important part. Of ensuring that the child support amount calculated. Is as accurate as possible. However, some parents, do not disclose this information.
Whether it is because. They are very bitter. Because the relationship did not end well. Or, because they do not have this financial information. What will happen, is not. That they will get out of paying child support.
Instead, when one parent. Refuses to provide. The financial information requested. Both parents will and up in court. Where a judge, will make the final decision. About how much child support one parent pays.
How the judge comes up with that determination. Can be done a variety of ways. Including, basing an estimate. Off of the parents career. Taking an estimate based on people in that career in the area.
But also, a judge may ask the other parent. What they assume. The other parent is making. And even if they guess extremely high. That will end up being the amount. That the parent is required to pay.
More often than not says divorce lawyer Edmonton. The parent who fails to supply. Their financial information. Will end up paying more. Then they would have, if they simply disclosed their finances first.
Another situation, is when a parent. Will simply avoid paying child support. It may be because they are angry. They may not have access to their child for a reason. Or, they may have lost their job.
The correct thing to do. In this situation. Would be to communicate with the court. With or without their divorce lawyer Edmonton. And inform them of what is happened. And let the courts handle it.
Because if they failed to pay child support. They will be pursued. By the maintenance enforcement program. Which is an organization. In this province, whose sole purpose. Is enforcing child support orders.
Divorce Lawyer Edmonton | Is Child Support A Required Payment
Many parents think that they can get out of child support payments says divorce lawyer Edmonton. Either through legal means. Such as negotiating, or proving they cannot afford it. Or, through illegal means. By fleeing the country.
Simply stopping their payments. Thinking that they can run from the ramifications. Of this very poor decision. What will happen. If a person stops paying child support. Is that the parent that should be receiving.
These payments, will likely. Inform the courts, through their divorce lawyer Edmonton. That one parent, is not living up. To their financial obligation. To pay for the basic necessities of life. For the child that they helped create.
The courts, will usually utilize the maintenance enforcement program. Which is an agency in Alberta. And the one job that they have. Is enforcing child support orders. In order to do this, the government has granted them. Broad, and sweeping powers.
Allowing the program, to suspend people’s drivers licenses. Confiscate their passports. Garnish their wages, and even sees their assets. There is even more that they are granted to do. Whether it is a threat.
Or, a results of someone failing. To ultimately follow through. On their legal obligation. To pay child support. However, while the courts, do not want to enact the maintenance enforcement program. When a parent fails to pay.
However, they have little other recourse. Which is why, divorce lawyer Edmonton says. If a parent cannot pay child support. Perhaps they lost their job. They got a different job, and consequently. They are getting paid less money than before.
The best thing to do, would be to contact the courts. Through their lawyer. In order to communicate. But there new financial situation is. If they have a new job. They can provide proof of their income.
And get their child support obligations. Reduced, to what the percentage. Of their new income is. If they lost their job, the courts may grant them. Extra time together the money for their child support payment.
Because, the courts do not look at child support. As a punishment however. They are certainly more than willing. To work with all parents. Who are ultimately willing to work with them first. However, rather than avoiding paying child support.
Some parents, especially if they are from another country. May unfortunately try to flee. To their home country. Or, Canadians may simply flee somewhere else. In hopes. That their child support obligations.
May not follow them to their new location. Unfortunately, this also is a very bad tactic. Because Canada is a reciprocating jurisdiction. With many other countries. Which means, other countries will uphold.
Legal agreements, for example like child support orders. As well, if someone from one of those countries. Comes to Canada. Certainly, Canada will also enforce. Those legal agreements as well. Furthermore, there are many countries on this list.
For example, the United States, the United Kingdom. A lot of European countries, like Poland, Germany, Austria, Switzerland and Norway. But also, countries in Africa. Australia, Fiji and New Zealand.
In fact, there is almost nowhere. That a person could not run. Where they would not be found. And legally forced, to pay child support. If parents have any other questions. They can contact the law alliance today.