Divorce Lawyer Edmonton | Necessary Child Support Details
Dealing with divorce and child support can be hard admits divorce lawyer Edmonton. However, understanding the laws. Can help both parents act appropriately. And get on with the next part of their life.
One of the most important things that both parents need to understand. Is that child support is the right of their child. And under no circumstances can apparent decide. Or agree that it does not need. Or should not be paid.
The right of the child is that both parents. Will contribute to their life. Such as pay for things like their necessities of life, food, clothing and shelter. And it is never appropriate for another person. To trample on the rights of another.
Even if that other person. As a minor, or their own child. Therefore, parents cannot make the decision with each other. To agree that child support does not need to get paid. Or that child support can be waived.
And under no circumstances says divorce lawyer Edmonton. Can either parent withhold paying child support for any reasons. They may hold child support. Because the other parent has withhold access.
However, divorce lawyer Edmonton says this is not an appropriate response. Since the court sees paying child support. As well as allowing access to be too extremely important. However extremely separate issues.
Parents should always act accordingly. To ensure they do not end up in legal troubles. If one parent withholds either access or child support. A parent should utilize their divorce lawyer Edmonton and go to court.
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To inform the judge in the court what is going on. In order to have it dealt with legally. Instead of trying to deal with it on their own. And withholding child support. Because then both parents will end up in trouble.
I understanding this, parents can act accordingly. However, some parents are not trying to withhold child support. They honestly believe it does not need to get paid in all circumstances.
For example, if both parents. Share equal access of the child. This is increasingly common these days. With the child living with one parent for one or two weeks. And then going to live with the other for one or two weeks.
This is extremely common. However, it does not negate child support payments. It simply changes how child support payments are going to get paid. When both parents share access, it is considered section 9 child support expenses.
Also known as set off child support. The court will take a look at both parents income. According to line 150 of their notice of assessment. And the higher income earner will be the one paying child support.
The two income amounts will be subtracted from each other. And the amount remains will be what the court calculates. The percentage of child support from. By understanding that in all circumstances.
Child support must be paid, parents can act accordingly. To always pay child support. And inform each other. Their divorce lawyer and the court. If anything different needs to happen.
Divorce Lawyer Edmonton | Necessary Child Support Details To Know About
Child support should not be a highly contested issue says divorce lawyer Edmonton. But a lot of cases and up in court. Because parents cannot seem to understand. Or agree puts to happen.
However, there is nothing that they need to agree upon. Child support is considered the right of the child. And the court system will defend that child’s right to have it paid. To ensure both parents.
That created life remain financially responsible for that life. Until it is no longer needed. Child support payments. Are covered under the family Law act of Alberta. That pertains to families that were not necessarily legally married.
As well as the divorce act of Alberta. Specifically for families in which the parents are legally married. Regardless of which legal act people look at. The sections pertaining to child support are identical.
Section 3 child support expenses outline. The child support payments for the necessities of life. Such as shelter, clothing as well as food. This is the most common thing people think of when they hear about child support payments.
And it is calculated by figuring out who has the children. Most of the time, and the parents that has them less. Will be the one that pays child support. Divorce lawyer Edmonton says they will disclose their finances to the court.
And a percentage will be taken off of their income. For each child, to be paid to the other parent. In the form of child support. However, if parents share access equally. Child support is calculated slightly differently.
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With the higher income earner paying child support. And percentage of the difference between the two parents income. Will be paid in child support. Child support also goes towards extracurricular activities.
Or additional child care expenses like daycare or a day home. And in section 7, this child support payment. Covers that both parents must contribute. However, only as much as they can afford.
Which means if both parents cannot pay for the full tuition. For the daycare, or the additional lesson or sports team for example. Then the child may simply not be able to enter into it.
It is also very important to understand. That if a parent withholds child support. They can get into legal trouble very quickly. Divorce lawyer Edmonton says there is a program in Alberta.
Called the maintenance enforcement program. Who has the significant authority. Not only to threaten things like. Confiscating passports and drivers licenses. But also follow through with those threats.
And also garnish wages, or seize assets and more. They can keep these things until child support payments resume. And until all back child support payments are caught up. Even if that takes years.
The sooner that parents can understand. That under no circumstances can child support payments stop. The sooner it is going to help both parents. Do the appropriate things.
To ensure child support continues at all times. For the sake of the life that they both brought into the world together says divorce lawyer Edmonton.