Divorce Lawyer Edmonton | Laws Regarding Child Support
When parents are splitting up, they will be required to adhere to the family Law act says divorce lawyer Edmonton. Which means they will be required by law to pay child support appropriately.
Child support is considered the right of the child. And is protected under law. Which is why parents may not come to the agreement. That they do not need to pay child support to the other.
The amount of child support that is required is based on a percentage of income. And when people are separating or divorcing snd children are involved.
The noncustodial parent will be required to pay a percentage of their income. The noncustodial parent will be the parent who has their children for 40% of the time or less.
When parents are separating or divorcing, they will be required to provide each other as well as the courts. With their income information, so that the courts can calculate the support payments properly.
If a parent does not supply their income information. They may do so thinking that it will make it impossible for the court to calculate child support payment amounts. And so they will not be required to pay.
But all that is going to do is force a judge to decide how much child support a person should pay. Based on evidence from their ex-spouse. This can end up with more child support owed then if they supplied their income information.
In addition to being required to pay child support. A judge can also order costs against the parent that refuses to supply income information. Which can be even more expensive.
This is why it is so important that parents talk to their divorce lawyer Edmonton. Who can help them understand the consequences. If they fail to cooperate with the courts.
Another common misconception about child support. Is if the custodial parent makes significantly more income. Then the noncustodial parent, they will not be required to pay child support.
However, this is not true. And because child support is the right of the child. There will be no circumstances where a parent who makes less income will not be required to pay.
In fact, divorce lawyer Edmonton says there are extremely few occasions. Where a parent would be exempt from paying child support.
So a good rule of thumb that all parents need to remember. Is that if they helped create the child, they are legally required to support the child.
Another misconception that parents have is that if one parent does not see the children at all. They are not required to pay, and can even withhold payment in order to encourage the other parent let them see the child.
This is not true, because even if a parent has nothing to do with the child by choice. Or because there ex-spouse does not allow them to see the child. They are still legally required to pay child support.
By keeping these things in mind, or by visiting a divorce lawyer Edmonton. Parents can understand the laws regarding child support. So that they can ensure their child is cared for legally.
Divorce Lawyer Edmonton | Alberta Laws Regarding Child Support
It is very important for divorce parents to speak to legal representation such as a divorce lawyer Edmonton. Because there are the rights of their children that need to be handled legally.
The Alberta family Law act as well as the divorce act. Are legal documents that specify. Exactly how the rights of the children involved in divorce. Must be addressed properly.
Because child support is considered the right of the child. Parents cannot make their own rules up about whether they are going to pay or not. Or how much or how little they are going to pay.
And with the many misconceptions that there are about child support. It is very important that parents understand their legal obligations.
One common misconception is that parents can end child support payments. Once their child reaches the legal age, which in Alberta is eighteen. This is not true, and there may be circumstances that require child support for longer.
One such instance, is if the child is going to post secondary schooling. Such as University, College or even trade schools. In this case, child support may be required for as long as the child is attending school.
There are other circumstances such as a child who is dependent on the custodial parent. That may require child support payments to be continued. And in some cases, they may continue until the child is twenty-three years of age.
Another misconception that parents believe about child support incorrectly. Is that if they are no longer making as much money. As they were when their original child support payments were calculated.
The parent can just minimize their payments to whatever they can afford. Or whatever the percentage would be for their new income. And just reduce their child support payments to their ex-spouse.
However, this is not true. And if parents are making less money than they were before. They must talk to their divorce lawyer Edmonton. And put an official application in with the courts to reduce child support payments.
If they do not do this properly. They can be pursued by the maintenance enforcement program. Which is an agency in Alberta that enforces child support court orders.
Maintenance enforcement has a lot of power and what they can do. In order to encourage parents to pay child support. Including suspending drivers licenses, confiscating passports and even garnishing wages.
Therefore, if parents do have decreased income. They need to know that they should go through the appropriate channels. In order to ensure they reduce it appropriately.
Because the courts do not consider child support payments of punishment. They are more than willing to work with parents if they have trouble. Or if they have a change in income.
But the most important thing to keep in mind according to divorce lawyer Edmonton. Is that they need to communicate with the courts. So that the court knows what is going on at all times. So that the parent can always act within the law.