Divorce Lawyer Edmonton | Understanding Child Support Obligations
Divorce law can be complicated says divorce lawyer Edmonton. And in fact, there are two different documents. That outline, what happens to children. When a relationship breaks down.
The family Law act, is the document. That will dictate, exactly what happens to the children. When a common-law couple separate. Or, if any type of relationship. Ends in a child as a result.
However, the divorce act in Alberta. Is the document. Specifically dealing with couples. Who have legally wed. And what happens to the child. When that marriage breaks down, legally.
And while both of these acts, the divorce act. As well as the family Law act. Our found for free online. Many parents, may not understand the documents. Or, exactly what they are obligated to do.
Two things must be determined. When a relationship ends. And there are children involved. The first thing, is figuring out. Where the children will live. There are two scenarios.
The parents can decide. To have the children 50% of the time equally. Such as the mother having the child one week. And the father having the children the other week. Or, another arrangement.
Such as one parent has the child. During the week, and the other parent. Has the child on the weekend. There can be a variety of ways. That visitation, is broken down. However, for purposes of child support payments.
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There are only two considerations. If both parents have access. To the children the same amount of time. In a 50% split. Child support is calculated in a very specific way says divorce lawyer Edmonton.
Both parents must submit. Their income information. To the courts, for assessment. A percentage of their total income. Will be calculated. The percentage that is from the parent that earns less money.
Will be deducted from the total percentage. Of the parent who earns more money. And the difference, is the amount of money. That they hire earning parent. Must pay to the other one.
This is covered under section 9 of the family Law act. And is referred to, as set off child support. If the parents, do not have an equal, 50% split. Of time with their children. Then, it is figured out.
As who has the children for most of the time. Will receive child support payments. Whereas the parent that has the child less than 50% of the time. Will pay the child support.
It is calculated very simply says divorce lawyer Edmonton. As a percentage of their total income earned. Typically, the judge will look at line 150. Of their tax return for the amount that they earned.
And if the parent is a business owner. The court may have another way. That they determine how much income a parent makes. And therefore, how much child support that they must pay.
While it can be difficult. By finding a divorce lawyer. That will give them the straight information. Can help both parents. Navigate this difficult subject. And meet their obligations.
Divorce Lawyer Edmonton | Understanding Child Support Laws Provincially
A common misconception about child support according to divorce lawyer Edmonton. Is that it is undoubtedly seen. As a punishment of the parent. Therefore they do not see the child as often. However, it is not a punishment. It is simply the parents obligation.
To the child that they created. In fact, according to the laws. Both the divorce act. As well as the family Law act. Both parents have an obligation. To the child they created. One parent must pay financially.
While the other, provides the food, clothing. As well as the shelter, that the child needs to survive. Therefore, because it is not a punishment. Moreover it is not an amount of money. That is designed to be out of reach. For one parent owing to.
And if that parents, has a change in their income. It is very easy, to contact divorce lawyer in Edmonton. And make an application. Through the court system. To have their child support amount that they owe.
Reduced, to what is more reasonable. Unfortunately, many parents are not aware of this. And they end up. Simply avoiding their child support payments. And end up in a lot of legal trouble. The first thing that will happen.
Is that maintenance enforcement will be contacted. Which is a government agency set up by the Alberta government. Whose sole purpose. Is enforcing parents to pay. The child support that they owe.
Furthermore, this agency, has a significant amount of authority. To enforce payment. Through many different methods. For example, including suspending a drivers license. In addition to confiscating passports as and ultimately well as garnishing wages.
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Even seizing assets, and more. Parents should not avoid paying child support. If they are avoiding it, because they cannot pay it. Consequently the most responsible thing to do. Would be to call divorce lawyer Edmonton and make an application.
Hence through the court system, to reduce payments. That way, they do not have to run from maintenance enforcement. And risk having their drivers license suspended. And be kept from leaving the country on vacation.
However, some parents think that they can avoid child support. By leaving the country. This is also a bad idea. Because Canada has an agreement. Called a reciprocating jurisdiction. With many other countries in the world.
Which means, legal agreements. And court orders, will be upheld in the other country. For example, if a parent flees to the United States. Consequently their child support payment requirements. Ultimately follow them there.
And the government, will do whatever is in its power. To cause each parent to pay. Despite fleeing to a much farther away country. Consequently Canada has reciprocating jurisdictions. With ultimately very broad range of countries.
Including UK, Australia, Poland, Switzerland and Austria. As well as places that are far away. Like New Zealand, Fiji and Australia. Singapore, Papua New Guinea, Fiji and Barbados. No matter how far parents run.
Eventually, says divorce lawyer Edmonton. Their child support obligation will ultimately catch up with them. And consequently, will wish they had. Taken it more seriously from the start.