Child support is a mandatory payment says divorce lawyer Edmonton. That cannot be negotiated or given away. Many parents might think that it can be used. As a bargaining chip but this is inaccurate.
The reason why, is because the courts consider. Child support, to be the right of the child. And that both parents. Are obligated to pay. For the financial well-being. Of the child that they created.
It is also however, the right of the child. To have as much access. To both parents as possible. Which means, not only can parents. Not stop paying child support. But they can also not withhold access.
While for the most part, there are no issues. When parents and their relationship. They can separate amicably. And come to agreements. About raising their children. Even though they are no longer together.
However, even in amicable situations. People need to understand. Their rights. As well as their obligations. When it comes to divorce, and separation in Alberta. The first thing that people should understand.
Is that how things are handled. Is outlined in two separate acts according to divorce lawyer Edmonton. The divorce act, which specifically governs. People who have legally wed. And are now divorcing each other.
As well as people who were living common-law. And who are terminating the relationship. And children are involved. The first issue that needs to be dealt with. Is where the child, or the children. Are going to end up living.
The reason why this is so important. Is because that will influence. Who pays child support. While the common solution. Used to be one parent. Had the children during the week. And the other parent has them on the weekends.
This would and up, with one parent. Having access a larger majority of the time. And the other parent, would be the one paying child support. However, that is not so common anymore. Divorce lawyer Edmonton says.
It is now more common. For parents to share access. Of the children, evenly. This is also considered best. By the courts, who consider. Having as much access as possible. As one of the best scenarios.
For the child, or children from the relationship. In this situation. The divorce act. As well as the family Law act specifies. Set off child support. Under section 9. For how to calculate. Who pays child support, to whom.
In this situation. Both parents will submit income information. To the courts, and a percentage. Of each of their income amounts. Will be calculated, at a set percentage. Then, the lower amount. Will be subtracted from the higher amount.
And the parent that earns more money. Will pay the amount left over. This means, that people are going to end up. Paying just a small portion more. If there is a slight income difference.
Between parents, if there is similar access levels. However if parents have any other questions. The best situation, would ultimately to be for them to contact. A lawyer at eLaw alliance, for a consultation.
While child support is often a bone of contention says divorce lawyer Edmonton. It does not need to be. And the laws governing it. Are extremely clear, and nonnegotiable.
Child support is considered to be. The right of the child. The child is required to be supported. By both parents. And how it usually works. Is that one parent. Typically bears the brunt of the finances.
Because the child is living with them more. Then they are living with the other parent. And the parent that has less access. Will pay child support. As a way of equaling the contribution.
While this sounds very clear. Divorce lawyer Edmonton says. That there are many questions. That parents have about the situation. First of all, some parents want to know.
If they can stop paying child support. If there ex-spouse. Withholds visitation, or access. Unfortunately, this is not how it will work. Child support is considered. A completely separate issue from access.
And two wrongs, do not make a right, legally speaking. While it is not legal, for parent to withhold access. It is also not legal. For parent to withhold child support. And both parents will get into legal trouble.
If they do this. If a parent has a legitimate reason. That will hold up in a court of law. That the other parent. Should not have access. It needs to go through the right channels says divorce lawyer Edmonton.
To revoke that access. And even then, ultimately chances are quite low. That they would not get to see the child at all. Opting for supervised visitation. Because the courts still maintain the stands.
That but in the child’s best interest. Is to have access from both parents. As much as possible. However, if a parent ends up stopping. Their child support payments. The spouse that should be receiving them.
Should contact the courts as well. With their divorce lawyer Edmonton. They can apply through the court system. To bring the matter before a judge. The judge will then decide.
Ultimately What will happen to the parent. That should have been paying child support. They are not going to. We let off the hook, for all the payments. That they should have inevitably made but did not.
And in fact, once it gets to the court however. Parents will owe all child support. That they did not pay. Moreover, going back, several years. And if they do fail to pay child support. Consequently, they are likely going to be targeted.
By the maintenance enforcement program. Who has a broad authority. To enforce child support orders. Not only can they suspend drivers licenses and garnish wages. But they can also confiscate people’s passports.
Seize their assets, and more. If an parent is having problems. Paying the child support amount. They should instead. Go back to court. And ask the judge to reduce the amount. With documentation, that can support.
The fact that they are not able to afford it. When parents have any more questions. They can contact Eli alliance, located in Edmonton for a consultation.