Divorce Lawyer Edmonton | The Laws Behind Child Support
Whether parents are divorcing, legally separating. Or their common-law a relationship is ending. They must pay child support. The amount that is owed, is calculated by the court.
The first thing that parents must do. Is figure out the living arrangements for the child. There are no correct ways. For this arrangement to happen. Some parents have access more during the week.
While the other parents have access on the weekends. Some parents have access one week. And then swab for the next. Or every two weeks, just for example. There is no correct away to have access.
And in fact, the court considers. As much access to both parents. In the child’s best interest as possible. However, the reason why access needs to be figured out first. Is because child support will depend.
On this factor. The person who has access lasts. Will be the one that ends up paying child support says divorce lawyer Edmonton. However, in the cases where parents share equal access.
That does not make child support redundant. In fact, there is a special section. In the divorce act. As well as the family Law act in Alberta. That specifies how to calculate child support.
Whether the access is equal or not. In the case of access being equal, that is called set off child support. According to section 9 of both the Alberta divorce act. Or the family Law act.
Where the difference between each parents income. Will be calculated. And a percentage of that difference. Is going to be the amount of child support. That the parent earning more money.
Will pay to the parent earning less money. Some parents tend to believe. That they can simply waive child support. Especially if they have equal access. And if they have a fairly amicable relationship.
But they need to understand that this is not possible. Under the court of law. This is because child support is an issue that the child has a right to. And even though the child may be a minor.
No parent has the right. To waive that legal rights on behalf of the child. However, regardless of which section. That this child support will fall under. Divorce lawyer Edmonton says how the amount is calculated.
Depends on the finances. Of the parents. Therefore, when the parents are divorcing, separating. Or they are splitting up, and they are common-law. They will get a notice to disclose.
This is the income, according to line 150. On their year-end tax form. In most cases, parents have no problem. Disclosing this information. And that is how child support gets calculated.
Divorce Lawyer Edmonton | The Laws That Make Up Child Support
Child support can be a very hotly contested issue says divorce lawyer Edmonton. Because often, when a relationship ends. The two people in it, are no longer cooperating. And they are no longer communicating well.
There are often very hard feelings in addition to that. And they do not want to do anything. That can be perceived as helping the other one. They often withhold payments. And withhold access to the child.
Both, which are extremely frowned upon. In a court of law when it comes to these issues. Especially if someone is withholding access. Or their withholding child support. Because the other parent is withholding something.
Divorce lawyer Edmonton says this is the case. Of two wrongs not making a right. The law will come down hard on both people. If they are both doing something wrong. And the best thing.
If someone is not allowing access. Or not paying child support. Is to simply communicate with the court. Of what is going on, so that they can deal with it in an appropriate manner.
If someone is not paying child support. As long as the court is involved, it will trigger. What is called the maintenance enforcement program. This is an agency within Alberta.
Whose sole purpose is enforcing these child support orders. Not only is that their only task. But they have significant authority within the province. To enforcing child support.
Including the ability to suspend people’s drivers licenses. So that no longer operate a vehicle. The maintenance enforcement program can also confiscate a person’s passport. So that they cannot leave the country.
They can garnish a person’s wages. Which means the child support that they owe. Will come directly off of their pay check. Before they even see that money. They can even seize a person’s assets.
They will continue doing this says divorce lawyer Edmonton. Until a person not only continues to pay the amount that they owe. But the amount that they should have paid. Dating back to the first time they stopped payment.
This can have serious ramifications in their life. Therefore, if they want to avoid this. They have to do is continue to make payments. Of child support, in a timely fashion.
However, some parents may stop paying child support. Because they have had a change in career. Or lost their job, and can no longer financially afford it. In this circumstance, they should not worry.
That they will have to pay something they cannot afford. As long as they communicate with the court. They will be able to get their payments reduced. Based on the new financial reality that they are facing.
Can contribute to their child’s financial well-being. The sooner they can realize this. And avoid not paying or not allowing access because they do not have good feelings. Towards their ex. The better off the child will be in the long run.