Divorce Lawyer Edmonton | Learning About Your Child Support Payment
Child support is mandatory payment according to divorce lawyer Edmonton. And cannot be waived or eliminated for any reason. It is the legal mechanism. To ensure both parents are positively contributing. To the upbringing of their child.
Whether parents have been legally married or not. Has absolutely no influence. On the amount of child support, or who has to pay this amount. And according to both the divorce act of Alberta.
As well as the family Law act of Alberta. Child support is dealt with identically in both sets of laws. Because of how important it is. That it is upheld absolutely correctly at all times.
For expenses that fall under necessities. Paying for, or offsetting the cost of. Things like food, clothing and shelter. Is handled under section 3 of both the family Law act. As well as the divorce act, according to divorce lawyer Edmonton.
This is calculated from a parents income. Taken from line 150. Off of their notice of assessment, from the last time their taxes were filed. If parents are self-employed, they will need to talk.
To their accountant in order to figure out. How much they should claim as their income for the court. In order to determine if they are the one. To pay child support. And if so, how much they must pay.
While parents might know how child support is calculated. They also might not understand. Who has to pay this, divorce lawyer Edmonton says they get many questions. With parents often assuming that the parent.
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That makes more money. Is automatically the one. To pay child support, but this is not accurate. The court will look at each parent has access the majority of the time. And majority of the time for these purposes. Is considered 60% or more.
The parent that has access less often. Will be the one that has to pay child support. Regardless of how much money either person is making at the time. This might seem counterintuitive. Especially if the parent that has access.
Is making more money financially. That the parent with lower income. Must pay child support, but that is absolutely accurate. However, it is far more common these days than ever before.
That parents share access equally. Some parents might jump to the conclusion. That if they share access, no one needs to pay child support. But this is also incorrect. Divorce lawyer Edmonton says in this case.
They will adhere to section 9. Of the divorce act. Or of the family Law act. Which states the rules for what is known as set off child support. When they share access equally. The law look at how much money both parents make.
The higher income earner will be the one paying child support. And the percentage that they pay will be based off the difference between both parents incomes. That way, they can both be seen, through legalize.
To be contributing equally. To the raising of the life that they created. For more answers to burning questions about child support. Contact eLaw Alliance today.
Divorce Lawyer Edmonton | Learning What To Know About Child Support
When parents are ordered to pay child support, they may need a divorce lawyer Edmonton. Because they will have to make regular court appearances. If anything changes financially in their life.
They will need to understand, that child support does not automatically end. When the child becomes eighteen years of age. Which in Alberta, is the age of majority.
Many parents make this assumption wrongfully. And can end up triggering the maintenance enforcement program. Which can cause them to lose their license, their passport.
And even have their wages garnished. According to both the divorce act as well as the family Law act. A child will still require the parent. To make a child support payments, as long as they are economically dependent on the parent.
For example, they might have a disability. That keeps them from being able to hold down a job. Or pursue secondary education. Or, they might even be pursuing secondary education. Which would entitle them to continue getting child support.
Typically, a child can still be entitled. To have the parent pay for child support until they are the age of twenty-five. If they are enrolled in postsecondary education. And for children that are economically dependent.
For a variety of reasons may have child support be required indefinitely. Therefore, parents should not make the assumption. That they can stop their payments. When their child reaches eighteen years of age.
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Another misconception about child support. Is that it does not cover things like extracurricular activities. Or that these extracurricular activities must be paid out of regular child support. There is an additional child support.
That can be calculated, under section 7 of the divorce act. As well as the family Law act in Alberta. Divorce lawyer Edmonton says this specifies. That both parents must contribute to extracurricular activities. Such as art classes, sports or dance for example.
As long as they are financially able to contribute. They must give their financial information to the court. As well as the cost of these extracurricular activities. And the judge will figure out. If the parents are financially able to contribute.
And if so, how much they are able to contribute. If a parent cannot afford it. They will not be required to pay it. Child support is not considered punitive in nature. And therefore, the court does not want to unduly stress out anyone.
For trying to make child support payments. The next misconception that people often have. Is if they leave the country. They can get out of paying their child support. Canada has what is known as a reciprocating jurisdiction.
With hundreds of other countries throughout the world. Where legal documents like child support. Will be upheld, in those countries. Therefore, if a person leaves the country. And ends up in a reciprocating jurisdiction.
They can be penalized for failure to pay their child support orders. If people have any more questions about child support. They should contact eLaw Alliance for free consultation today.