Divorce Lawyer Edmonton | Laws Regarding Child Support Payments
If parents are splitting up, they need to get legal advice such as from a divorce lawyer Edmonton. So that they can understand their legal obligations when it comes to their children.
And whether parents are divorcing, separating. Or even if the parents have never been married. But they are going their separate ways. The rights of the child needs to be adhered to legally.
The Alberta family Law act as well as the divorce act. Both specify in what ways the child must be protected and cared for. And is where the laws regarding child support will be written.
And while these two acts are available to read for free online. They may be confusing, and it may be easier. For parents to talk to a divorce lawyer Edmonton. And also get their questions answered.
This is very important, especially because there are so many different misconceptions and untruths. That people believe about child support. That may have a parent end up in legal trouble.
If they are not adhering to the law. Even if their intentions are good. Therefore, it is important that all parties understand their rights as well as their obligations. Especially when it comes to children.
One of the biggest misconceptions that parents have. Is that if they do not see their child at all. They are still required to pay child support to their ex-spouse.
Whether parents do not see their child by choice. Or if there ex-spouse will let them see their children. This does not exempt a parent from paying child support payments.
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Some parents believe that they can threaten or withhold child support payments. In order to encourage their ex-spouse to let them see their children. And this simply is not true.
If they want to see their children, and their ex-spouse is not letting them. There are legal proceedings that they can proceed with. To encourage this to happen.
However, it is important for all parents to know. That a noncustodial parent must make child support payments. Regardless of if they see their child either by choice or not.
Another misconception that parents have about child support. Is that if the custodial parent makes significantly more income. Than the noncustodial parent.
Then the noncustodial parent will not be required to pay child support. And again, divorce lawyer Edmonton says this is not true. The noncustodial parent must make child support payments.
Because child support payments are calculated by a percentage of the noncustodial parents income. If they make significantly less money. Then the child support payments will be small.
And because child support is seen as a rite of the child. It does not matter if the custodial parent makes more money. The noncustodial parent must financially care for their child according to the law.
By understanding why child support payments are mandatory by law. Can help all parents act in accordance with that law. And ensure that they are both providing for their child.
Divorce Lawyer Edmonton | Laws Regarding Child Support Payments In Alberta
The laws surrounding child support payments can be complex, which is why separating or divorcing parents should talk to a divorce lawyer Edmonton. Not only are they complex, but they are there to protect the rights of the child.
Therefore, it is very important that both parents act in accordance with this law. So that they do not end up in trouble legally. If they do not do what is required.
For example, most people believe that child support automatically ends at the age of eighteen. But this is not true according to the Alberta family Law act.
This act states that if a child is over the age of eighteen, but attending post secondary schooling. Including universities, colleges or even technical institutes. They may be entitled to child support while they are going to school.
In addition to that, there are some circumstances. Where a child is dependent or reliant on one parent. And if this is the case, child support may be required until the child is twenty-three years of age.
When parents are splitting up, or divorcing. They must provide the courts with their income information. So that the courts can calculate the costs of child support payments.
If one parent thinks that withholding their income information. Make it impossible to calculate their payments. And therefore, they can get away with not paying support. Or only paying the minimum amount.
They could end up triggering a judgement, that has the courts deciding on the child support payment. Based on information given by their ex-spouse.
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It is also possible that a judge may order costs against the uncooperative parent. Which will end up with that parent most likely paying more than they would. If they had simply cooperated at the beginning.
The courts are there to protect the rights of the child. Which is why they are not only aggressive, but insistent. That parents care for the children involved by all means.
If a parent still refuses to pay child support. Not only can there spouse take them to court. In order to encourage them to pay child support.
A spouse who does not pay child support may also trigger the maintenance enforcement program. Which is an Alberta agency that has the authority to enforce child support orders.
And this authority has a lot of power to encourage child support payments. Including confiscating passports, suspending drivers license. And ultimately, garnishing a parents wages if they are uncooperative.
Even if a parent leaves the country. In order to avoid making child support payments. They may be surprised to hear from their divorce lawyer Edmonton. That Canada has reciprocating jurisdictions with many countries.
Which means child support orders that are granted in this country. Can be enforced in other countries, such as the United States for example.
Therefore, skipping town is not an effective way to avoid child support payments. And parents need to understand this. So that they do not try to avoid payment. Because they will end up making the situation worse, but only for themselves.
By understanding the rights of the child says divorce lawyer Edmonton. As well as the reach of the law. Parents can ensure that they are providing for their child legally. Even if they are no longer together.