Divorce Lawyer Edmonton | Understanding Child Support
With the parents are divorcing or separating and there are children involved, they should talk to a divorce lawyer Edmonton. Because there may be several obligations about what needs to happen in regards to the children in their relationship.
Typically, they will decide who is going to be the custodial parent of the child. Which means the parent that is going to have the child or children 60% of the time or more.
That custodial parent is going to be seen as bearing a greater financial burden to care for the child. Which means the noncustodial parent is obligated to pay child support.
Some parents believe that if the custodial parent makes more money than the noncustodial parent. That they do not have to pay child support however this is not true.
The reason why, is because the point of child support. Is to contribute to the child that they created. And not pay the ex-spouse to care for the child.
Therefore, what the other parent makes typically does not factor into how much child support is paid. When the custodial parent makes more money than the noncustodial parent.
However, divorce lawyer Edmonton says if the custodial parent makes less money. They may make an application to the court. To raise the child support payments.
Because the noncustodial parent can afforded them. And because the custodial parent needs the additional money, because of the cost of raising children.
This is also why parents who do not see their child. Either because they do not wish to. Or because the other parent does not allow them to see the child. Still must pay child support.
If a parent is not being allowed to see the child, they can go through different steps to gain access according to divorce lawyer Edmonton.
But regardless of how often they see them. They are still obligated to pay child support. It is important that parents understand this. So that they do not end up getting into trouble for not paying child support.
In fact, child support is seen as the right of the child. And there are very few instances where a parent would be relieved of that obligation to pay. And so parents should just assume that they are required to pay.
It is very important to note that even if a child is over eighteen. One parent still may have to make child support payments. Which is something that many parents are not aware of.
In fact, the Alberta family Law act as well as the divorce act. Both specifies when support needs to be made for children over the age of eighteen.
Such as if a child is attending a post secondary institution. Such as a University, college or technical school. Or if one of the children is still dependent on the parent.
And in some of these cases, child support will continue until that child is over the age of twenty-three years old. It is very important to understand this. So that both parents know what their financial obligations are.
There are many things that can help both parents understand their rights and responsibilities. When they are ending our relationship and there are children involved. Understanding this can help them ensure they are making the right decisions.
Divorce Lawyer Edmonton | Understanding Child Support In Alberta
Nobody enters into a relationship thinking that it will and says divorce lawyer Edmonton. However, when there are children involved. It is even more important to find out what people’s rights are.
And no person’s rights are more important than that of a child. That came from the relationship. Which is why child support laws are designed to protect the children.
If parents want to know what the rights and responsibilities are. For each parent in a situation where a couple is no longer together. That they have one or more child together.
They can read the Alberta family Law act, as well as the divorce act. Both are available for free online. Or, they can contact their divorce lawyer Edmonton. Who will know what the law requires.
Both parents must provide the other with their financial information. So that the correct amount of child support payments can be calculated. However, if one parent refuses that can create problems.
In fact, one parent may do that on purpose in order to get out of paying child support payments. But all that will do, is have a judge decide on whatever amount they think is fair.
Based on the information that the ex-spouse gives that judge. As well as order costs against the non-cooperative parent. Which can end with the parent owing far more money.
Then they would have if they had provided their ex spouse and the court with their financial information in the first place. Which is why it is very important for both parents to fully cooperate.
In fact, if a parent stops paying child support for any reason. Even if they cannot afforded any longer. They can end up being pursued by the maintenance enforcement program.
Which is a program that has a lot of power and what they can do to the parent who is refusing to pay child support. Not only can they suspend a noncooperative parents drivers license.
But the maintenance enforcement program can also confiscate their passports as well as garnish their wages. Which can completely restrict that person’s movement, and the income they can earn.
Therefore, if a parent stops making child support payments because they truly cannot afforded. They should go back to their divorce lawyer Edmonton.
In order to go back to court to have the amount that they are required to pay decreased. So that they can afford the payments, in a way that does not end up with them in trouble.
Even if parents think that they can leave the country to avoid paying child support. Are going to find it very difficult. Because Canada has reciprocating jurisdictions with many other countries.
Which means child support orders granted in Canada. Can be upheld in court in whatever country parent goes to. Therefore, it is not going to allow them to stop making child support payments.
Paying for the life that they created is the goal of child support payments. And both parents must pay for their child until they are of legal age. An understanding this, can help parents understand their rights and obligations.