Divorce Lawyer Edmonton | Obligations During A Divorce
While nobody said divorcing a partner was easy says divorce lawyer Edmonton. However, when there are children from the relationship. The situation ultimately gets more complex. As both parents undoubtedly have an obligation to the children.
One of the first things that must be decided. Is where the children are going to live. Traditionally, the mothers usually had the children. Most of the time. However nowadays, this is not the case at all.
While one parent. Might have the child. More often than the other. More and more parents are opting for this scenario. Where they both get to have visitation. Of the children, for the same amount of time.
While there is no correct way. Of figuring out. Where the children are going to live. And which parent has what percentage. Of access to the children. There are some things to think about.
Because the child support that ends up being paid. Depends on where the children are living. As well as how much money, each of the parents. And up making, and is calculated by the courts.
If the parents decide to share access. And have the children, 50% of the time. Then the child support. Must be paid according to section 9. Of the divorce act of Alberta.
The section states, that when parents. Have the children for an equal amount of time. How child support is determined. Is by taking a look at the total income for each parent. Applying the child support percentage.
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And the difference, between the two numbers. Is the amount that they parent. Who earns the most money must pay. To the parent, who does not earn as much. This is also called set off child support.
If both parents make the same income. Then chances are, there will not be any child support. That needs to be paid in this situation. If one parent, has more access to the child.
Such as they take care of the child. During the week. And then the other parent. Has access to the child on the weekend. Then the courts will look at who has the child for more than 60% of the time.
And they will be the parent, receiving the child support. Divorce lawyer Edmonton says the parent that has less access. Will submit their income to the courts. And child support will be calculated.
As a percentage of that total. When parents submit their income information. The courts typically look at line 150. Of their notice of assessment. However, parents who are self-employed.
Will have different documents. That they will send to the courts. In order for they judge, to make a determination. About how much child support. They need to pay. Many parents are frustrated.
When it comes to child support says divorce lawyer Edmonton. Primarily, because they do not understand. That child support is actually a right of the child that they created.
And not a punishment, or a payment. To the ex-spouse. When parents can understand that there legal obligation. Is to provide for the necessities of life. For the child they created. Child support payments that can go much smoother.
Divorce Lawyer Edmonton | Your Obligations During Your Divorce
No parent wants to go through a marital breakdown according to divorce lawyer Edmonton. Unfortunately, this is the case for many. And while divorce does not have to be complex or messy.
When there are children involved. Parents should understand. Not only their rights. But their obligations. Primarily to the children that came. From the marriage. Child support is a way.
For both parents to ensure. That they are caring for the basic necessities. Of the children in the marriage. Many people often think that it is a payment. That they pay to their ex-spouse.
And therefore, they can dictate. How that ex-spouse spends the money. But nothing could be further from the truth. Divorce lawyer Edmonton says. The payment is actually designed.
To offset the cost of providing food, clothing. As well as shelter, for the child. And if one parent, spends the money extravagantly. As long as they are also. Providing those basic necessities of life.
A parent is not able to dictate. What should be done with that money. If one parent receiving child support. Applies to the courts. In order to get more money. The court may ask them.
To provide financial documentation. Showing, what they have spent the money on. And provide proof, that they require more money. And if they have not spent the money fairly.
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There application may be denied by the courts. Something else for parents to consider. Is that child support, actually also includes. Paying for extracurricular activities. However, both parents will pay.
And how paying for extracurricular activities works. Is considered section 7 expenses. Both parents will submit their income information. And if the court decides, that the extracurricular activities.
Are affordable, for both parents. Percentage of their overall income. Will be allocated towards those activities. And if the court deems. That one parent is unable to pay the full amount.
They are only obligated to pay. The amount that they can afford. If this means, that the activity. Cannot be afforded, by both parents. Then, a different extracurricular activity. Must be chosen, because it is unaffordable.
Extracurricular activities can include many things. Divorce lawyer Edmonton says from art classes, dance classes. Music lessons, sporting activities. But also daycare, can be included in section 7 expenses.
When parents remember. That child support is actually a right of the child. And their obligation, for creating life. It can be a lot smoother. For parents to start paying. However if parents do not pay.
Then the maintenance enforcement program will get involved. The maintenance enforcement program is a branch of the Alberta government. Whose sole purpose is enforcing child support orders.
Not only are they charged this. But they also have significant authority. They may be able to suspend drivers licenses and confiscate passports. As well as garnish wages and it sees assets. Prompt payment of child support. Will help parents avoid this scenario.