Divorce Lawyer Edmonton | Understand This About Child Support
A common problem that people higher a divorce lawyer Edmonton at a ten for. Is sorting out to their child support issues. Child support is a right of the child. And needs to be paid, because it is a legal mechanism.
That the courts used to ensure that both parents are maintaining financial responsibility. For raising the life that they created. Whether parents are divorcing, because they are legally married. Or they are common-law.
If there are children, they will need to deal with. Child access and child support. The first thing that divorce lawyer Edmonton wants people to understand. Is that there is no such thing as custody in Alberta.
Many people refer to. Who has the child as having custody. But that is American term. Is referred to, under Alberta law as access. And according to Alberta law.
The court favours people who have equal access. Because they consider. The child having as much access to each parent. As being in the child’s best interest. However, access must be figured out first.
Because access is going to determine. Who pays child support, and how much. If people are interested in reading up on the specifications. Of child support in Alberta. They can read the laws for free online.
They will be contained in two separate acts, the divorce act of Alberta. As well as the family Law act. However, parents should be warned. That the laws pertaining to child support. Our the same matter which act they look up.
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So they only need to read one to understand. However, for many people. The laws are written in legal language. Which is sometimes difficult to decipher. Which is why hiring a divorce lawyer Edmonton.
Is that the best bet at understanding child support laws in Alberta. Once parents figure out where the child is going to live. At least temporarily, the next step. Is disclosing their finances.
They will typically receive what is called a notice to disclose. Or a request for financial documents in the mail, which is court ordered. Parents are required to disclose their financial information.
Or at least disclose what is on line 150. Of their last notice of assessment. From the last time they did their taxes. If parents are self-employed. Divorce lawyer Edmonton suggests talking to their accountant.
In order to figure out what income they should disclose to the court. Then, the court will look at how much access the parents have. If they share access equally. Which is considered in the child’s best interest.
Then the higher income earner. Will be the parent that pays child support. And they will pay child support based on a percentage. Of the difference between the two parents income.
For parents that have access. That is not equal, such as 60% of the time and than 40% of the time. The parent who has access lasts. Will be the one who pays. Based on a percentage of their income for each child they have.
Divorce Lawyer Edmonton | Understand This About Child Support
Child support does not need to be contentious says divorce lawyer Edmonton. However, when people are getting divorced. Or they are breaking up, they often have very high emotions.
Which can lead to them acting in ways. That they are later not very proud of. This is why divorce lawyer Edmonton wants all parents to understand very clearly. That it is never okay.
To stop paying child support. They may feel as though they are punishing there ex, but according to the law. They are simply not living up to their obligation. Of caring financially for their child.
At a child’s rights, and the court of the province. As well as the court of Queen’s bench. Is going to be held in the highest regard. And parents who are not living up to their obligation to their child. Will be dealt with harshly.
As well, it is a child’s right. To have as much access to both parents as possible. So if a parent withholds access. To the other parent, then the courts will also deal with this. Very strictly and harshly says divorce lawyer Edmonton.
Basically, divorce lawyer Edmonton says parents can avoid. Getting into legal trouble. By simply allowing access. And paying child support as the judge requires. However, child support is not seen as a penalty.
Therefore, parents should understand. That the court is always willing to work with parents. If they are having financial difficulty. Or if circumstances change. There is even a program that parents can enter into.
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Where they report their income. On a month-to-month basis. It is especially beneficial for parents. Who have wildly differing income from one month to the next. Because they get commission, or tips for their primary source of income.
As well, children may end up living. With different parents for different amounts of time. So whenever there is a change. To the level of access. Parents can utilize their divorce lawyer Edmonton.
To go back to court, and readjust child support. As well, parents should clearly understand. That if they fail to live up to their financial obligation to their child.
There going to trigger what is called the maintenance enforcement program. Each is a provincial agency. Who is tasked with the difficult scenario. Of enforcing and collecting delinquent child support orders.
The province has given them significant authority. In order to enforce child support orders. Including threatening, and suspending. Drivers licenses, passports, garnishing wages. And seizing their assets.
Therefore, if a parent finds. That child support payments are outside of their current means. They should talk to the court, and explain why they are having difficulty. They often can have payments reduced temporarily.
Or they can get a reprieve for a few months. Until their finances become more stable. The courts want to see both parents taking responsibility for their children. And are more than willing to work with parents. That are willing to communicate them.
Divorce Lawyer Edmonton | 11 Better Acts For Court
Talk to the court about child support, having a great divorce lawyer on their side. Can be the investment well worth it. They contact the eLaw alliance to speak to their experts today says divorce lawyer Edmonton.