Divorce Lawyer Edmonton | Child Support Facts
Parents need to understand says divorce lawyer Edmonton. That if they are separating or divorcing. And there are children from the relationship. Child support will therefore factor in significantly to the situation.
Unfortunately, there are still many people. Who misunderstand child support laws. And this leads to parents. Inadvertently doing the wrong thing. And it comes to paying or receiving child support.
In Alberta, there are two acts. That deal with child support. Firstly, there is the divorce act. Secondly, the other is the family Law act. Therefore, regardless if parents are legally married. Or common-law, child support is dealt with.
The same way says Divorce lawyer Edmonton. The second thing that parents need to keep in mind. Above all, that it is the right of the child. To have both parents contribute financially. To their upbringing and well-being. In other words, pay child support.
This is why child support payments are ultimately mandatory. And why parents cannot agree with each other. To not pay child support to the other. Perhaps, they have an amicable relationship. Or they may be sharing access equally.
They may both be financially well off. And therefore, wish to decide. That neither needs to pay child support to the other. This is not a decision. That they can make themselves. They are legally obligated to their child or children.
To pay child support. Another piece of misinformation about child support. Is that if a parent leaves Canada. They are no longer obligated. To pay child support any longer. Whether they are leaving the country for work.
Or they are fleeing the country to avoid child support. Chances are, they will still be legally on the hook. In the new country that they moved to. And will still be required by the laws of that country to pay.
This is because Canada has an arrangement. Called reciprocating jurisdiction with many countries. That says if there are legal agreements. In Canada or the other country. A person is legally obligated to those agreements.
No matter if they are in Canada, or the other countries. Therefore, if a person leaves Canada. And goes to a country that has reciprocating jurisdiction with Canada. The child support that they are required to pay.
Is it still going to be required to be paid. And the country that they moved to. Will use the power at their disposal. To encourage someone to make the payment. If they are not already making those payments.
The list of countries. That Canada has reciprocating jurisdictions with. Is quite long. And can be found online. But some of the countries that have this arrangement include the United States of America.
The United Kingdom, Australia, South Africa, Singapore. As well as Germany, Norway, Austria and Switzerland. Fiji, New Zealand the Czech Republic, Barbados and Papua New Guinea just to name a few.
If they do not want to end up. In legal trouble from the country they have moved to. Divorce lawyer Edmonton says they should ensure they continue to pay. The child support that they are legally obligated to pay.
Divorce Lawyer Edmonton | Learn These Important Child Support Facts
Child support laws are very clear cut says divorce lawyer Edmonton. However that does not keep people. From believing certain misconceptions. And misinformation about this vital part of divorce or separation for example.
Ultimately, some people believe that they can withhold child support. For example, if their ex spouse is it withholding visitation or access. Both things are considered mutually exclusive says divorce lawyer Edmonton.
And if someone is not allowing access. The other parent should hire a lawyer. And go through the court system. In order to get them to have access. The person who is withholding access will face legal ramifications.
However, under no circumstances is it okay. To stop paying child support. Because someone is withholding access. And moreover the same is true the other way around. If someone stops paying child support.
That does not make it okay for the other parent. To withhold access for instance. If someone does stop paying child support. They definitely need to hire their divorce lawyer Edmonton. To ultimately go to court and inform the judge.
This will trigger an agency in Alberta called the maintenance enforcement program. Whose sole purpose is enforcing child support orders. This organization has significant authority to enforce child support.
And can do things such as seize a person’s drivers license or passport. They can garnish a person’s wages. As well as seize assets, and even more than that. The amount that they must pay.
Is not just continue making child support payments. But pay child support dating back. To when they stopped paying child support in the first place. If a person is tempted to stop paying child support.
Because they can no longer afford the payments for example. Perhaps they lost a job. Or took another job that is earning them. Less money than they were making before. Or if they have been hit with financial difficulties.
They should most importantly, talk to their divorce lawyer Edmonton. And appeal to the judge. And therefore ask to have the child support amount reduced. They may need to bring their financial documents to show.
That their financial situation has changed. Since child support was last calculated. However the court does not look at child support. As a penalty, but a way. For both parents to contribute financially. To the life they created.
Therefore, it is not difficult for parents. To lower the child support payments that they are making. If their circumstances have changed. Parents who have income that changes wildly.
For example they are hundred percent commission based. Or they make most of their income on tips. They can actually enter into a program. With the court system that allows them.
To therefore not end up paying more child support. When they have a lean month. Where they do not make a lot of money. They will also pay child support, that reflects not making much money. In conclusion, child support can be adjusted as needed.