Divorce Lawyer Edmonton | Necessary Child Support Info
Comes from movies, or TV. That originate in the states, where there are different child support laws. Or, a comes from different provinces. That also have different child support laws. From Alberta for example.
A great example of this, is parents thinking that they are discussing. Custody in terms of which parent will have access to the children. Custody is a term that is used in the states. But is not a legal term in Alberta.
The legal term used according to divorce lawyer Edmonton. Is access. courts talk about access. As in how much access.does each parent gets. The courts also consider. Child to have as much access.to both parents.
As being what is in the child’s best interest. As well, divorce lawyer Edmonton says access determines. Child support payments, and needs to be. One of the first things that is figured out. When two people are divorcing.
Or separating, and children are involved. While it is more common now than ever before. That both parents share access. Some parents also assume. That when they share access equally.
That nobody has to pay child support. This is also untrue. It still requires child support to be paid. However, it will be calculated differently. Then if one parent has access for more of the time.
According to section 9 of both the family Law act. As well as the divorce act of Alberta. Set off child support is the calculation used. If parents share access of the children equally.
The higher income earner will be the one that pays child support. Taking a percentage of the difference between the two parents. As noted in line 150. Of their notice of assessment.
If they do have unequal access. With one parent having 60% of the time or more. The parent that has less access. Will be the parent that pays child support.
The idea behind child support in this circumstance according to divorce lawyer Edmonton. Is that it is designed to offset the costs. Of food, clothing and shelter. That the parent will have paid to provide the necessities of life for the child.
Under no circumstances is it ever okay. For one parent to prevent visitation. Or to withhold child support. This is often something that parents get into, as a punitive measure. To illustrate how angry they are at the spouse that they are divorcing.
But legally, neither is correct. And parents can face legal action if this happens. As well, when parents understand. The child support is not a payment to their ex spouse. But rather a way to remain financially responsible for their child.
It can help them understand that they should continue paying child support. Even if there ex-spouse is being difficult. If parents have any other questions they can contact a divorce lawyer. At the law alliance, and have a free consultation. The find out the important information they need to know.
Divorce Lawyer Edmonton | Necessary Child Support Information For All
When parents are going through a divorce with children, getting the right information is important says divorce lawyer Edmonton. Even though it may be hard, their child will thank them in the long run.
Child support legally is the mechanism used. To ensure both parents are contributing. Positively to the life of the child that they created together. It is the obligation to the child. And a mechanism that the law uses to ensure.
That both parents are living up to this obligation. This is the reason why child support can never be waived or eliminated. However, if a parent is experiencing financial hardship.
Divorce lawyer Edmonton says the court system. Is more than willing to work with the parent. To reduce child support payments. Or to come up with a scenario. That is going to function for them says divorce lawyer Edmonton.
A great example of this is for parents. Work jobs that have wildly fluctuating salaries. For example, a parent might have a job. Where they get hundred percent commission. And while they might make a large amount of money at the end of the year.
Month-to-month, it may be hard. To make the child support payment that they have been assessed. Or, the parent could be working a job. Where they make primarily tips. And again, during a lien month.
It may make it very difficult for them. To make child support payments. They can, with the help of their divorce lawyer. Talk to the court system. And enter into a program. Where they can report their income.
On a month-to-month basis. And then pay how much they can afford each month. While this means they will pay a large amount of money one month. And very little the next. It is fair for people who work on commission or tips.
As well, if a parent is experiencing. Financial hardship, they can ask the court. To reduce their child support payments. Either temporarily or permanently. Or ask for a reprieve. So that they can deal with a certain situation. This can be granted by the court.
However, divorce lawyer Edmonton says parents should also be aware. That if they take a break, even though it is granted by the court. From paying child support payments. When they resume child support payments.
They will have to pay their retroactive child support. The amounts that they should have paid in the past, but did not. Because they had approval from the court to not pay for a while.
As well, parents should understand. That if they have not paid child support for years. They will be obligated to pay that child support. However long it takes to get caught up. And while they can claim financial hardship.
It is never going to be possible. To claim financial hardship. Because a parent has too many child support orders against them. If parents like more information or help, their divorce lawyer Edmonton will be more than happy to set up an appointment to get them the information they need.