Divorce Lawyer Edmonton | Learning The Importance Of Child Support Payments
Child support is a legal right of the child says divorce lawyer Edmonton. And is not something that parents can negotiate away. Or even walk away from, even if they abandon their parental rights.
This is the legal way that the court system. Can ensure that both parents. Or taking responsibility for the life that they created together. And whether or not the parents were ever legally married. Or if they were simply common-law relationship.
The way the court handles child support, is the same. According to both the family Law act of Alberta. As well as the divorce act in this province, child support. Must be paid, under all circumstances.
Under section 3, parents will be able to find out. Exactly how child support will be calculated. Section 3 expenses include the necessities of life. Such as food, clothing and shelter.
They will also need to figure out. Where the children will live the majority of the time. The parent that has access 60% of the time or more. Will be the one that receives the child support payments.
The court calculates child support payments. By now look at the parents income, on line 150. Of their notice of assessment, from the last time they filed taxes. For self-employed parents they can ask their accountant.
What they should claim for their income in front of the judge. Divorce lawyer Edmonton says this is going to be a percentage. Of their total income, for every child that they have from the union.
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And while this money is for food, clothing and shelter. The parent who pays child support. Is not allowed to dictate what the other parent is spending the money on. It is assumed by the court that as long as the child has.
Food, clothing and shelter. The parent can spend the extra money on anything they want. Because it simply offsetting the costs. That they are already spending on the child.
Therefore, parents who do not like how the other one is spending the money. Just have to suck it up, and shut their mouth. However, more times than not, especially more nowadays.
Both parents are going to be sharing access to their child. Equally, divorce lawyer Edmonton says it is more common now. To see children who stay with one parent for one or two weeks. And then switching.
This is actually approved, and preferred by the courts. Because the court figures. What is best for the child, is to see both parents. As much as possible. However, parents may think child support cannot possibly be paid.
When they are both sharing access, but this is not true. According to section 9, which is called set off child support. It is calculated by looking at the difference in income. Between the two parents.
The parent that earns more money. Will simply take a percentage of the excess money they make. And that will be the amount of child support per child that they must pay.
Divorce Lawyer Edmonton | Learning About Child Support Payments Adequately
Child support is a contentious issue agrees divorce lawyer Edmonton. Especially because there is so much misinformation. Many parents also think that child support and access are tied together.
But this is not true, whether a parent sees their child or not. If it is their choice or not. They are still legally required. To pay child support, if the other parent. Is withholding access they should go to court.
Ideally, with the help of a divorce lawyer Edmonton. In order to inform the court what is going on. And ask the judge to ensure that they get the access. That they are entitled to as a parent.
And the same is true, when this scenario is reversed. For example, if a parent stops paying child support. That does not give the other parent the right. To withhold access. Again, the correct way to go about this.
Is to simply inform the court that the parent. Is no longer making payments. And letting the court sort this out legally. However, parents should keep in mind. That regardless of anything, informing the courts is the preferred action.
For example, if a person has a financial hardship. And they can no longer afford child support. They should go to the court, with the help of their divorce lawyer Edmonton. In order to inform the courts.
And in many cases, they can have their child support payments reduced. If not temporarily, permanently. In other cases, parents are also able. To stop child support payments, with permission from the court.
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Until their financial situation.has improved. And then, they can enter into a payment plan with the court. To allow them to pay their retroactive child support. That they were not paying while they were in a financial hardship situation.
If a person does not pay their child support. Divorce lawyer Edmonton says it will trigger the maintenance enforcement program. Which is a provincial agency tasked with enforcing child support orders that have lapsed.
They have significant authority to enforce child support payments. Including suspending a person’s drivers license. Confiscating their passport, garnishing their wages. And even seizing their personal assets.
Rather than getting into legal trouble. Parents should instead talk to the courts. Because child support is not meant as a penalty for having children. And not remaining with the child’s other parent.
It is simply a legal mechanism. To ensure that both parents can contribute to their life. Another misconception says divorce lawyer Edmonton. Is that parents can waive their child support payments.
If they give up their parental rights. This is a very sad situation. But even if a person says they do not want to have any rights over their child. They are still legally obligated to continue to contribute to that child’s life.
For more questions and answers, people can visit eLaw Alliance in Edmonton. The find out what they need to do, as well as their obligations. So that they do not get into trouble while they are separating from their spouse.