Divorce Lawyer Edmonton | Understanding The Process
Separating, or divorcing does not have to be messy according to divorce lawyer Edmonton. And hiring the right professionals. Will help both parents understand. The divorce or separation process.
So that they can make the right decisions. And avoid headache. By ending up in court. When they do not have to. One of the first things that will have to be decided. When people who are divorcing or splitting up have children.
Is that who will have access. To the children, more often. And who, will have them less often. There can be a wide variety. Of different scenarios. From one parent getting the children. During the week.
While the other, gets them on the weekend. Or they switch halfway through the week. The thing to consider. Is that the parent that has them. More than 60% of the time. Will be the parent who receives child support.
While the parent who has the children. Less than 40% of the time. Will be the child support payor. Of child support is calculated. Is based on a percentage. Of the parents overall income.
For parents who are employed. This means, looking at line 150. Of their notice of assessments. However, if parents are self-employed. The courts will have different factors. To determine payment.
The payment, needs to be made to the parent. Who has the children more often. And it will be expected to be paid, on a monthly basis. While parents are expected to pay it promptly. If a parent does not pay for any reason.
The courts will have the ability. To go back several years. In order to determine backpay. So that nonpayment. Does not mean, that a parent. Gets out of paying their obligation to their child.
In fact, divorce lawyer Edmonton recommends. That if the parent does not have the ability. To pay child support in a given month. That rather than skip the payments. They make an application to the courts.
Explaining why they could not pay. And the court may in fact allow them. To pay a lower amount. The reason why the court is so willing. To work with parents, on their child support payments. Is first of all.
They want to ensure, that parents pay. As often as they are able. Since it is their obligation. To the life that they created. But also, because child support is not seen as a punishment.
They do not want parents. To suffer financially. In order to provide the basic necessities of life. For the children that came from their relationship. The court, may allow them to pay less says divorce lawyer Edmonton.
Or, allow them to skip payment. But if they do not apply through the courts. For this to happen. It will trigger maintenance enforcement program. This is an agency, which is a branch of the Alberta government.
Whose sole purpose is enforcing child support orders. While they work cooperatively. If a parent does not comply. They have significant authority. To enforce it, through many different means.
Divorce Lawyer Edmonton | Clearly Understanding The Process
While divorce is never easy, says divorce lawyer Edmonton. Divorcing with children. Is significantly more complex. Because both parents. Have a legal obligation. To the children that they both created.
This comes, in the form of child support. Or, in the form of access. Both parents have a legal obligation to their child. To provide the necessities of life. So while one parent will have access more often.
The other parent, will have to pay child support. To help pay for the food, clothing and shelter. That the parent that has the child more often. Will end up paying, by having the children more.
However, it is coming increasingly common. For both parents. To have access to the children for the same amount of time. A great example of this. Is when a child spends time with one parent for a week.
And then visits the other parent for a week. In this situation. Many parents may be confused. Who has to pay child support says divorce lawyer Edmonton. They will both be required to submit.
Financial documents to the court. In order to determine, how much income. They both make. The parent that makes more money. Will pay child support. Based on a percentage of their income.
Minus the same percentage, of the other parents income as well. This is the most fair, says divorce lawyer Edmonton. Simply because both parents will equally. Be providing the necessities of life.
Therefore, the parent who earns more money. Will pay a bit extra. To the parent who earns lasts. This is considered the right of the child. For both parents to pay. For them to live.
However, it is also considered. The right of the child. To have as much access as possible. Both parents, which is why the courts typically. Like to see a 50% access agreement. Between both parents.
Unfortunately, there are many situations. Where one parent refuses. To let the other parent see the children. When this happens, the parent that is denied access. May think that this allows them.
To stop paying child support. However, this would be incorrect says divorce lawyer Edmonton. It is actually considered two different things. If a parent is denied access. The parent should apply.
Through the courts, to force visitation. Because if they also stop paying child support. They will also be in trouble with the courts. This is because paying for the food, clothing and shelter for the child.
Is considered an obligation. Whether the child sees the parent or not. Parents who do not want to see their children. Are still legally obligated. To pay for them, since they created those lives.
While it might be complicated. Both parents can view the divorce act. As well as the family Law act for free online. However, when they have questions.
That is the best time to call e law alliance. They have a free, one hour consultation. That can help parents. Figure out what the best process will be.