Divorce Lawyer Edmonton | Paying Child Support
There are many things that of divorce lawyer Edmonton here is when parents are divorcing. That are often untrue or simply not accurate. That can end up causing problems for the parents.
It is very important that when parents are divorcing and children are involved. That they understand that there are laws protecting the rights of the children. And they must adhere to them, or face some very serious consequences.
One of the most common misconceptions that is heard. Is that child support payments can be withheld. If a parent does not let the noncustodial parent see the children.
And while some parents use child support as a threat. Saying that they will withhold it if a parent does not let them see their child. This is not legal, and parents should avoid doing this.
The reason why, is because child support is a right of the child. And both parents are legally obligated to provide for the life that they brought into the world.
If a parent is unable to see their child. There are legal processes they can go through with their divorce lawyer Edmonton. To help ensure that they can have visitation.
But even if a parent does not want to see the child at all. Does not remove the obligation to pay child support. And in fact, there are only a very few rare circumstances. Where a court would relieve a parent of that obligation.
Another misconception about child support. That many parents mistakenly believe. Is that if the ex-spouse who has custody of the child. Makes more money than the parent that pays child support.
Then the noncustodial parent is no longer required to make child support payments. However, this is not true as well. And no matter how much money the custodial parent makes. Over and above the noncustodial parent.
Does not relieve the noncustodial parent of their obligation. To pay child support to their ex-spouse. Because child support is a right of their child.
However, parents should also keep in mind. That if the custodial parent makes it significantly less money than the noncustodial parent does. They can make an application in the court with their divorce lawyer Edmonton.
To ask for more money so that they can provide the basic necessities of life for their child. If this happens, the matter will go before a judge, who will look at all the evidence before making their ruling.
Although it is also very important for parents to understand. That even if they are mandated by the courts to pay a certain amount. If their position changes because they lose their job.
They can always talk to their divorce lawyer. And make an application to the court to reduce child support payments. Based on the fact that they are making less money than they were before.
The courts are usually very sympathetic to both parents. Because they do not see child support as a punishment. But as a way that parents can ensure that they are contributing to the life of their child.
Therefore, parents need to understand what their obligations are. So that they can ensure that they are contributing to the life of their child.
Divorce Lawyer Edmonton | Paying Child Support Is Not Optional
The laws governing child support often require help from a divorce lawyer Edmonton. Because they are complex. While they can be read for free online by looking up the Alberta family Law act as well as divorce act.
Parents may find it more beneficial. To talk to a divorce lawyer Edmonton. So that they can ask questions, and get input regarding their specific set of circumstances.
This is incredibly important. Especially if the noncustodial parent is not complying with child support orders. Which may end up with one parent wondering what is in their power to do.
In order to encourage their ex-spouse to continue to make child support payments. This is incredibly important when the ex-spouse depends on this payment to provide the basic necessities of life for their child.
Luckily, there are several legal processes that a parent can engage in. To help them get the finances that their children are owed by the noncustodial parent.
One of the first things that they can do, is have their divorce lawyer put in an application to the court. In order to force payment of child support.
This means that the custodial parent must request the money from the other parent. but if the other parent does not pay, it will then go to court.
The judge can demand payment from the noncustodial parent. As well as specify that the noncustodial parent must pay retroactive child support. For the months that they missed payments.
However, if a parent does not pay child support. This can trigger they maintenance enforcement program. Which is the authority that enforces child support court orders.
This is the next step after going to court. In order to encourage the other parent to pay child support. The maintenance enforcement program has a very broad authority that they can use.
And is often very able to encourage parents to pay child support. By threatening to and then actually suspend drivers licenses, confiscate passports.
And ultimately, if these actions do not work. They can garnish a parents wages. And keep those wages garnished, until all child support is up-to-date. Including the retroactive amounts.
Even if a parent leaves the country. Whether they are trying to avoid making child support payments or not. Does not believe them of their obligation says divorce lawyer Edmonton.
And if they do leave the country, Canada has reciprocating jurisdictions with most countries. Which means court orders that are granted in Canada. Can be enforced in those other countries.
And this includes child support orders. So if a parent leaves the country, the custodial parent can breathe easy. That it is likely that they will be required to continue making child support payments.
By understanding all of the laws regarding child support. Can help ensure that both parents know what they are obligated to do. And do them without triggering any legal action upon them.