Divorce Lawyer Edmonton | The Rights Of A Child
Parents may not ultimately understand the rights of their child according to divorce lawyer Edmonton. Are actually legally protected by law. And not just one act. But two acts, that govern marital or common law relationship breakdown.
For legal marriages, the divorce act in Alberta. Is the collection of laws. That dictate, what needs to happen. Especially, when it comes to children. That were created during the marriage.
Four common-law relationships. And other scenarios, that result in children being created. The family Law act. Is the collection of laws. That dictate, what must happen. Especially in it comes to the children.
One of the most important considerations. Is child support says divorce lawyer Edmonton. The reason why this is so important. Is because it is considered the right of the child. To have both parents contribute.
To the necessities of life. Such as their food, clothing and shelter. And when the parents were together. It was very easy, for both to support the child. However, once they parents are no longer together.
It becomes a little bit more difficult. To ensure both parents. Our providing for the child. Once the parents figure out. Where the child is going to end up living. That is when child support can be calculated.
The reason why this is important. Is because the parent that has more access. Is going to be considered. To be the parent, who bears a greater financial burden. To providing those necessities of life.
And the other parent. Although, still supporting the child. Does not bear as much of burden. Which is where child support comes in. The child support is supposed to fill the gap. Between the parent who pays more.
And the parent who does not, simply because. The child is not living there as much. However, more frequently these days. Parents are sharing access. And they both, have the child an equal amount of time.
In this situation. Divorce lawyer Edmonton says. Section 9 of both the divorce act. And the family Law act of Alberta. Will specify. That the calculation that is done. Will be figuring out a percentage of each parents income.
With the lower percentage. Being subtracted from the higher percentage. And the amount remaining. Is the amount of money. That the parent, who makes more money. Must pay to the parent.
Who makes less money. If access changes at all. Then parents should apply through the courts. To inform them. As well as to get a new child support amount calculated.
As well, parents should keep in mind. That if they failed to pay child support. Or if they fail to allow access as outlined. In their divorce or separation. This can cause both parents.
To be required to appear before a judge. And, have a ruling on what will happen. If they do not comply. This can end up, with ramifications. Affecting both parents and the child. Therefore, parents are encouraged.
To cooperate is much as possible. Because if they cooperate together. They may not both be happy. But if a judge decides, then they might end up with something that is terrible for everyone.
Divorce Lawyer Edmonton | What Are The Rights Of A Child
It is an unfortunate situation when a relationship ends says divorce lawyer Edmonton. However, when children are involved. Parents need to ensure. That the minimum, they are ensuring.
That the child’s rights are upheld. Which include ensuring the child. Has as much access to both parents. As much as possible. As well as ensuring, that both parents are providing. The basic necessities of life for the child.
While this sounds very straightforward. Divorce lawyer Edmonton says. Many parents have many questions about this. And are unsure how to navigate this situation.
One of the first questions. That divorce lawyer gets, is wondering. But unnoticed to disclose is. When parents start working on their divorce. This is something, that they will often receive in the mail.
What that is, is a document. Specifying that they must by law. Provide their financial information. Not just of the courts, but to their ex-spouse as well. The reason why, is because the court system.
Must calculate child support. And looking at the financial information. From both parents. Is the best. As well as most fair way. For these parents, to have child support calculated.
Unfortunately, one situation. Is that a parent may believe. That they could get off the hook. Of paying child support. If they simply did not give their financial information. To the courts, when it was requested.
This would be an extremely bad move. Simply because if they do not provide their financial information. Both parents will be called before a judge. And the judge will simply make a decision.
On how much child support the parent must pay. Based on any number of factors. That the judge decides on. They may simply choose a number arbitrarily. However, more often than not.
They will either find out. An average amount of money. That people in the same career makes. And that is the amount of money. That the parent will have child support based on.
However, they also may ask the other parent. And take their anecdotal evidence. As proof of how much money they make. Typically, parents will end up. Estimating a higher income than the other parent makes.
And in almost all situations. The parent will be legally obligated. To pay more child support. Then they would have been required to pay. If they had simply. Disclose their financial information to begin with.
Parents often wonder. What will happen. If they are making a lot of money. When they are first assessed child support payments. And then, lost their job. Or got a lower paying job says divorce lawyer Edmonton.
In this situation. They can make an application to the courts. To have their child support produced. As long as they provide proof. That their financial situation. Has changed since it was assessed.
Since child support is not meant to be punitive. And simply, a way for both parents to contribute. As long as people communicate with the court. They are more than happy to work with the parents.