Divorce Lawyer Edmonton | It Is Imperative to Pay Child Support
There are many things that parents should keep in mind if they are divorcing or separating says divorce lawyer Edmonton. Because not only are the laws complex. But because there are a lot of missed truths out there.
For example, one common assumption that parents make. Is that if there ex-spouse does not allow a parent see the children. They can legally withhold child support payments.
They often even use this as a threat, in order to get there ex-spouse to let them see the children. But it is very important for both parents to understand. That child support payments are not dependent on visitation.
In fact, according to the law, child support is a right of the child. And is required to be paid. Even if visitation is not granted, or if a parent does not want to see their child at all.
Another assumption that many people make is that child support is only required to be paid. Until the child is over the age of eighteen. This is also not true.
Divorce lawyer Edmonton says according to the Alberta family Law act as well as the divorce act. There are certain circumstances. Where child will still be eligible for child support.
Even if they are over the age of eighteen. Such as if they are going to post secondary education, such as a college or university. Or even if they are going to a trade school, or technical school.
There are also circumstances where a child would be dependent on a custodial parent. In which case, child support can be required to be paid until that child is twenty-three years old.
Therefore it is not an assumption that anyone can make. That child support payments automatically stop. When the child reaches a certain age.
And anyone with questions should contact their divorce lawyer Edmonton for answers. So that they can be sure that they are acting within the law.
Another assumption that many people make incorrectly. Is that when the custodial parent makes significantly more money than the noncustodial parent.
That the noncustodial parent is not required to pay child support. This is not true, and the only time that child support would be changed. Would be to increase the amount. If the custodial parent is making less money.
In fact, almost exclusively, child support payments are calculated. By taking a percentage of the noncustodial parents income.
If a parent is unable to pay child support however. They should contact their divorce lawyer. So that they can apply to reduce payments legally.
As long as they are communicating with their spouse and the court. They will typically not face any ramifications for reducing their child support payments.
However, if a parent reduces their own child support payments. Without doing it through the court, they could end up losing their drivers license or passport. And even having their wages garnished.
It is very important that both parents understand their legal obligations to their child. So that they can ensure that they are paying child support correctly at all times.
Divorce Lawyer Edmonton | It Is Quite Imperative to Pay Child Support
If parents are divorcing, the are likely to hear from their divorce lawyer Edmonton. How important it is that they pay child support correctly.
According to the laws in Alberta governing child support. Which are the Alberta family Law act and the divorce act. Paying child support is the right of the child.
Which means parents cannot decide together that they do not want to pay child support. Because parents cannot negotiate away the rights of their children.
How child support is calculated, is by figuring out which parent is going to be considered the custodial parent. Which means they will have the child or children for 60% of the time or more.
Because they have a greater financial burden. Because they are caring for the day-to-day needs of the children. The noncustodial parent is legally required to pay child support.
There is a calculator that people can access online. That calculates the percentage of income that will go towards child support. For parents who are living in Alberta.
However, if a parent refuses to provide income information. Either to their ex-spouse. Or to the courts in order to calculate child support. They may think that they will only have to pay a minimal amount.
However, if this is the case, the judge will be able to order whatever child support they feel is what the other parent can afford. Based on information given to them by the ex-spouse.
In addition to that, a judge may also order costs against the noncustodial parent. That can be significantly more expensive. Then simply providing their income information in the first place.
It is also important for parents to understand. That if the child is enrolled in any extracurricular activities. Such as joining a sports team such as hockey or soccer.
Or any classes, whether that is art, dance or music for example. That both parents are required to pay as long as they can afford to.
This is considered as section 7 expense as outlined in the Alberta family Law act. And will be based proportionally, on a percentage of each spouses income.
Therefore, custodial parents do not have to be limited what extracurricular activities they can afford. As long as both spouses can afford to pay.
It is also very important for parents to understand, that if their income changes. Should contact to their divorce lawyer Edmonton to have the child support reduced.
Especially if they are in an industry where their income fluctuates on a yearly basis. However, if parents want to avoid having to go to court every year to change their child support payments.
They can apply to the recalculation program with their divorce lawyer Edmonton. Which recalculates child support on an annual basis. So that a parents child support can fluctuate with their income. Without having to go back to court.
Because there are many different laws governing child support in Alberta. Parents need to find out what their rights are as well as the rights of their children. So that they can act appropriately.