Divorce Lawyer Edmonton | Legal Obligations of Child Support
Child support, is legally required says divorce lawyer Edmonton. Not as a payment to the other parent. For financially supporting the child. But, as the right of the child. To have both parents financially support them.
Unfortunately, many parents argue. When it comes to child support. However, the laws governing child support. Are extremely clear. And outlined in not just one document. But two documents. One is the divorce act.
Which are all of the laws. That relate to when a marriage ends. And the other document. Is the family Law act. Which are all of the laws. That relate to when a relationship ends. That did not come from legal marriage.
The reason why there is a difference. Is because marriage, is a specific legal act says divorce lawyer Edmonton. That has very specific ways of being undone. But what is the same, between divorce, and when.
Common-law parents and their relationship. Is how the children must be cared for. Will be identical, between both acts. One obligation. That both parents must adhere to. Is that both parents, must contribute financially.
To the children, that they both had a hand in creating. During their relationship. How this is calculated. Is that the courts will first consider. Where the children and up living. In most circumstances these days.
Parents share access. An equal amount. And in this situation. Both parents must disclose their financial information. And then, a judge will calculate a percentage. Based on their yearly income.
The smaller amount, will be subtracted from the larger amount. And the amount that is left. Is what the higher income earner. Will pay the lower income earner. Even though. They are both sharing access of the children.
An equal amount with each other. However, not all circumstances. Allow parents to have equal access. In some circumstances. Parents will have the children for more. Then another parent. Due to extenuating circumstances, or jobs.
In this case, divorce lawyer Edmonton says what will happen. Is that both parents will again. Disclose their finances to a court. And, a percentage of the parents income. Who has the child less often. Will be required to be paid.
To the parent, that has the child more often. The reason why this calculation is done. Is because the one parent that has the children more often. Will be considered. To be the parent, who bears a larger financial burden.
Of providing the basic necessities of life. Such as shelter, clothing as well as food according to divorce lawyers. However, because it is not considered punitive. If one parent believes that this is unfair. Such as they have a higher debt load.
It can also provide proof of their bills. And request through the courts. That they have their child support reduced. At least temporarily, until they can reduce their debt. Or find a higher paying job.
Ultimately, the courts are more than happy to work. With parents who keep them informed. In order to show, the court system. That they truly want. To pay for and consequently support. The children from their union.
Divorce Lawyer Edmonton | Understanding The Legal Obligations of Child Support
It is no secret says divorce lawyer Edmonton, that many relationships. End because people are unhappy. Which means, that it can be very difficult. For people to cooperate. When it comes to child support payments.
As well as things like access. However, these are two things. That are considered the legal right of the child. The child has a right. For both parents to contribute to their basic necessities.
Such as their food, clothing and shelter. And rather than seeing it. As a payment to one parent. For taking care of the child more often. Parents should look at it instead. As a way to continue to provide for their child.
The second right of the child. Is to have as much access. To both parents as possible. And while most parents. Have an agreement, of who is going to. Have access to the child and when.
This is often, a formal agreement. To base child support payments on. And most parents. Agree on what is considered open access. Where the child, can see whichever parent they want. If they have a request.
This is considered in the child’s best interest. Says divorce lawyer Edmonton. Unfortunately, not all parents. Share this same feeling. And one parent. May want to withhold access.
Either because one parent is not paying child support. Or, because they are angry at each other. And in no circumstance. Is this fine. According to divorce lawyers, and the court system.
In fact, if a parent has access being withheld. Rather than avoiding paying child support. A better scenario would be. For one parent, to inform the courts. What will happen, is that both parents.
Will receive a summons to court. And the parent. Who is withholding access. Must answer to a judge. To explain. Why they are limiting or withholding access. If the parent brings up concerns.
About how the children are. In the care of their ex-spouse. They must provide proof. That they are not getting cared for properly. And if they cannot provide proof. They will face legal ramifications.
For withholding children from a parent. However, the same scenario. Will happen, if one parent. Stops paying child support. The parent that should be receiving. The child support payments will be able.
Two inform the court. And both parents, will be summoned. And the judge, will ask the parents. Why they are not paying child support. If they can provide no proof that they are unable to pay.
They can trigger maintenance enforcement. And potentially lose their license, their passports. And have their wages garnished. Therefore, it is in everyone’s best interests. Especially the children of the relationship.
For both parents to pay child support as mandated. And allow access, as agreed upon. So that children can have their basic necessities cared for. As well as their emotional necessities as well says divorce lawyer Edmonton.