Divorce Lawyer Edmonton | Making Child Support Payments
When a couple is divorcing or separating and there is a child involved, they needs to involve a divorce lawyer Edmonton. So that they can ensure that they are meeting the legal requirements regarding child support payments.
Even if the relationship is ending amicably. The obligation for the parents to pay child support. Cannot be negotiated by the parents of the child.
This is mandated by the Alberta family Law act and divorce act. Which provides the legislation. About why child support needs to be paid for children.
Even if both parents agree that no child support needs to be paid. This is not a decision they are allowed to make themselves. Because child support is a right of the child.
Some parents think that child support is to pay the other spouse. For having custody of the children. But this is not true at all. Which is why when a custodial parent makes more than the noncustodial parent.
The noncustodial parent still must make their court mandated child support payments. Because it is the way they are being responsible for bringing a child into this world.
This is something that the courts take very seriously according to divorce lawyer Edmonton. And if a parent is not making child support payments. They can be pursued by the maintenance enforcement program.
Which has quite a lot of authority to encourage a parent to make payments. By allowing them to suspend drivers licenses, confiscate passports.
As well as giving them the ability to garnish the wages of the parent who is not paying child support. Because this can significantly impact the parents life. If they cannot pay child support for any reason.
They should contact their divorce lawyer Edmonton and go back to court. In order to plead their case, and legally reduce their child support payments.
In fact, this is very common for parents who have lost their job or has been laid off. Because this is not designed as a punishment for a parent.
The courts are very willing to reduce child support payments. When parents circumstances have changed.
There is also the ability for people to apply for a recalculation program. Which has the authority to readjust child support payments.
Which is incredibly beneficial for people whose income fluctuates from year to year. This is often the case for entrepreneurs, or people who have jobs where they make tips such as serving or bartending.
So by signing up for this program. Parents can ensure that they do not have to go back to court. Any time their income fluctuates in either direction.
Ultimately, this is a very complex situation. That parents need to be certain that they are doing the right thing. Which is why they should always ask for the advice of their divorce lawyer.
If they find out their rights as well as their obligations when it comes to the child that they created. Can ensure that they are always acting within the law. And avoiding problems because of assumptions they might make.
Divorce Lawyer Edmonton | Making Child Support Payments Properly
Because child support payments are a complex issue says divorce lawyer Edmonton. Couples who are separating forcing. Should always get a legal opinion to ensure their doing the right thing.
There is also a lot of misinformation about child support payments. That if parents believe that information to be true. They could end up in a lot of trouble for not doing the right thing.
One misconception that some parents have. Is that their child support obligation and their child reaches the age of eighteen. This is not true, and is outlined in the Alberta family Law act as well as the divorce act.
If a child is going to a postsecondary institution including a university, college or technical school. They may be eligible to receive child support payments until they are twenty-three years old.
And in some circumstances, if the child is still dependent on the custodial parent for a variety of reasons. Support may also be carried over. Past the age of eighteen.
Another misconception that some parents have about child support payments. Is if the custodial parent signs the child up for extracurricular activities.
Such as sports like hockey or swimming. Or something like art, the custodial parent bears the expense of those extracurricular activities alone.
This is not true says divorce lawyer Edmonton. Because these are considered section 7 expenses. As outlined in the divorce act. Which says both parents can be obligated to pay for the additional activities of the child.
The parents must submit their income information to the court. And if a judge believes that they have the money to help pay for those additional activities. They will pay proportionally, based on that income.
Therefore, a custodial parent does not have to be limited to the extracurricular activities that they can afford a loan. Because they can have help paying for those activities from the other parent.
And in some circumstances, parents do not want to pay child support. And may employ several techniques. In order to avoid this legal obligation.
And they believe that they can avoid paying child support. If they leave the country, and that will allow them to not be pursued to pay child support.
This is actually not true at all, and according to divorce lawyer Edmonton Canada and several other countries are reciprocating jurisdictions.
And what that means, is child support orders granted in Canada can be enforced in those reciprocating jurisdictions. And the United States of America is one of those reciprocating jurisdictions.
Therefore, a parent is not likely to get away with not paying child support. Even if they leave the country and go live somewhere else.
And if a parent decides to stop paying child support, even if they do not leave the country. They will be pursued by the maintenance enforcement program. That have a lot of tools of their disposal.
To encourage people to pay child support, such as suspending drivers license and garnishing wages. Therefore, it is often in a parent’s best interest to continue to pay child support. In order to support the life they created.