Divorce Lawyer Edmonton | Learning Child Support Payments
Child support payments are mandatory, according to divorce lawyer Edmonton. And parents need to understand. What they must do. When it comes to this aspect of caring for their child.
Child support is actually the legal mechanism used. To ensure that both parents. Our caring for the life that they created together. This is why it is impossible for parents to negotiate out of child support payments.
Even if they agree with each other. That child support is not necessary. Even in the instances. Of one parent having financial difficulty. And the other parent not requiring those payments. In order to care for their child.
The court system has mechanisms in place. To ensure that the amount of child support paid is fair. By taking into consideration. Not only a person’s finances. But there financial burdens as well.
The reason why, is because the court system does not view child support. As a punitive measure. Not punishing parents for having children and splitting up. It is simply a mechanism to ensure.
That the child’s legal rights, to have their necessities of life provided. Continue to be upheld, in a way that is fair for all. Therefore, if a parent cannot afford child support payments. All they need to do is hire divorce lawyer Edmonton and go to court.
And provide documentation. That their finances have changed. They are out of work, or that they have extenuating circumstances. That make it difficult, or impossible. For them to meet their child support commitment.
The courts are willing to work with parents. Who work with them, and communicate openly. However, if a parent does not pay child support. Without having that open communication with the court.
It will trigger what is called the maintenance enforcement program. This is a provincial agency whose sole purpose. Is enforcing various child support orders. Divorce lawyer Edmonton says it is triggered when a payment is not made.
And they have many different tools that they use. In order to encourage people to pay child support. Including threatening to suspend drivers licenses. Confiscating someone’s passports, and garnishing their wages.
Not only that, but maintenance enforcement can also make good on those threats. And take the drivers licenses, passports and garnish wages. If the parent does not comply.
Therefore, if a parent stops paying child support. The maintenance enforcement will get involved. Even if one parent is withholding access to the children. Does not give the other parent the right to stop making child support payments.
Some parents think that they can get out of paying child support. By leaving the country. They will often find out that this is futile. Because Canada has what is called. A reciprocating jurisdiction with hundreds of different countries.
This means that wherever they have this agreement. The country and Canada will uphold. Legal agreements such as child support. Wherever the person is. Countries like the United States, places like the United Kingdom.
Australia, much of South Africa, even Europe, and a variety of smaller countries. Have reciprocating jurisdiction. Child support is not something that parents can simply walk away from.
Divorce Lawyer Edmonton | Learning About Child Support Payments Today
It is very important for parents to understand child support says divorce lawyer Edmonton. Because failure to understand it. Will result in a lot of legal difficulties. Child support is the legal mechanism.
To ensure that both parents are caring for the child that they brought into the world. There is a lot of misinformation. As well as misconceptions about child support. And in order for both parents to learn.
Exactly what they must do, and avoid. The first step should be hiring a divorce lawyer Edmonton find out the truth from. In Alberta, there are two acts that contain all of the laws.
Surrounding child support, one is the divorce act. And the other is the family Law act. However, just because there are two different sets of laws. Does not mean the information for child support is different.
In section 3 of both acts, parents can find out. Exactly what the main child support goes to pay. And how it is calculated. Section 3 expenses are for the necessities of life. Such as food, clothing and shelter.
This is calculated by taking the income, which is online one hundred and fifty. Of that parents notice of assessment, from their last filed taxes. And taking a percentage of that for every child that they have.
The parent that must pay this amount, is the parents that has access the least amount of time. However, divorce lawyer Edmonton says it is far more common. For parents to share access equally.
Which is actually something that the courts like to see. Because the legal system considers. As much access to both parents, is as beneficial as possible to the child.
In this circumstance where parents.share access equally. They will skip down to section 9 expenses. Which is also called set off child support. This is calculated by looking at the difference in income between both parents.
And the parent that makes more money. Simply pays percentage of the excess that they make. Over and above the other parent. However, this is only for the necessities of life.
Section 7 expenses specifies. Paying for extracurricular activities, or things like daycare, they homes or babysitting. Parents do not even have to be in agreement of what those extracurricular activities are.
They can, with the help of their divorce lawyer Edmonton. Apply with the courts, to have parents both contribute. To the extracurricular activities. And then, the court will look at both parents income.
As well as their debt load to calculate. If both parents should contribute to the extracurricular activities. And if so, how much each parent can afford. If parents have any more questions about child support.
The best thing to do, would be talk directly to the experts. Such as the expert lawyers at eLaw Alliance, located conveniently in Edmonton. The sooner parents learn about child support.
As well as their rights and their obligations. The sooner they can rest assured they are. Caring for their child. According to the laws of the province.