Divorce Lawyer Edmonton | Understanding Child Support Payments
If the couple is forcing or separating and children are involved, it is important they discuss their plans with a divorce lawyer Edmonton. Because the Alberta family Law act and divorce act have specific requirements when children are involved.
These requirements are designed to protect the interests and the rights of the children in a relationship. To ensure that they are taken care of. And this includes child support payments.
Child support payments are the rights of the children involved. So there are going to be very few occasions where a parent would be exempt from paying.
There are a lot of misconceptions surrounding child support. And if parents do not get a legal opinion from their divorce lawyer Edmonton. They could end up in trouble legally. By not doing the right thing.
One example of a common misconception that many people believe. Is that if the custodial parent makes it significantly more money than the parent paying child support. Then that parent no longer requires making payments.
This is absolutely untrue. And parents who make more money than the noncustodial parent. Will not impact the payments of the parent making child support payments.
However, there is circumstance that can impact how much child support parent pays. And that is if the noncustodial parent makes significantly more money than the parent who has custody of the child.
And in that circumstance, the custodial parent may apply to the courts. To increase child support payments. To ensure that they can provide the basic needs such as food, clothing and shelter for their child.
Another misconception about child support. Is that child support payments automatically stop when the child reaches eighteen. This is not true, because there are many circumstances that may affect when child support ends.
As outlined in the Alberta family act as well as the divorce act. If the child is going to post secondary school such as college or university.
Or even if the child is going to a trade school, they may be eligible to receive child support. Until their schooling is done. Even if the child is simply dependent on a parent for a variety of reasons.
A parent may be required to continue to pay child support until the child is twenty-three years of age. Therefore, parents need to discuss the situation with their divorce lawyer Edmonton. To ensure that they are not ending child support to early.
When parents are separating or divorcing and children are involved. Both parents are required by law. To exchange income information with each other. As well as submit their income information to the court.
This will ensure the correct child support payments can be calculated. And if one parent does not supply this information. They could end up with a judge deciding whatever child support payments they think are fair.
The laws governing child support payments are there to protect the rights of the child. And as long as both parents are providing for that child either through custody, or through payments. They are acting in accordance with the law.
Divorce Lawyer Edmonton | Learning How To Make Child Support Payments
If parents are divorcing or even separating, they should find out their obligations with their divorce lawyer Edmonton. Because there are many things that are going to be required by law to ensure their child is cared for.
One of the first things that needs to be figured out. Is which parent is going to have custody. Which means they are going to care for the child 60% of the time or more.
Once custody is figured out, the noncustodial parent is required by law to pay child support. Child support is a percentage of parents income. And there is a provincial calculator online.
Parents can view in order to prepare themselves for approximately how much child support. They are going to be required to pay to their ex spouse.
Since child support is considered the right of the child. There is no circumstance that allows parents to come to an agreement outside of those laws.
For example, even if the couple is splitting and they are still amicable. They are not allowed to decide that neither one requires child support. They will still be mandated to pay the amount according to the law.
In addition to that, there are many other common misconceptions. That may end up with the parents in trouble legally. If they do not find the correct information.
While the laws governing child support are available for free online. And they are the Alberta family Law act as well as the divorce act. For clarity, parents may want to talk to their divorce lawyer Edmonton.
One common misconception is that if the custodial parent is on social assistance. They no longer have to pay child support at all. And while social assistance means the custodial parent does not receive the child support directly.
It is still required by law for the noncustodial parent to continue to make payments. However, they will be giving the payment directly to a government agency. Instead of directly to the parent.
Another misconception is that the custodial parent must pay for all extracurricular activities. Whether they have their child in a sport like hockey, or have them in an artistic or musical class outside of school.
However this is also not true. And if there are extracurricular activities that must be paid for. These are considered section 7 expenses in the Alberta family Law act.
And as long as the fees are in the parents ability to pay, they both are required to pay. They will submit their income information. As well as the cost for the class or activity that the child is enrolled in.
And section 7 expenses are then proportionately shared between parents, according to their income. Therefore, if one parent makes significantly less. They will be required to pay a lower percentage.
Because there are so many rules surrounding child support payments. As well as the fact that there are so many different misconceptions.
Parents who are divorcing or separating. Should automatically talk to their divorce lawyer Edmonton. So that they know that they are always acting within the law.