Divorce Lawyer Edmonton | Waving Your Child Support Payments
Whether parents are forcing or separating, divorce lawyer Edmonton says they need to understand. The rights and obligations they have as it pertains to children that came from their union.
And one unwavering fact that parents need to be aware of. Is that it is the right of the child. To have both parents contribute to their upbringing. Whether the parents see that child or not.
Therefore, child support is mandatory, by law. And under no circumstances. Our parents going to be allowed to stop paying child support permanently. Or, have a judge say that they do not owe child support.
This is why parents who have even given up their parental rights. Will still be required to make child support payments. As well as parents that are getting their access withheld by the other parent from the relationship.
While the law considers visitation, or access. Completely separately from child support. Many parents withhold one or the other, for a variety of different reasons. This is considered illegal. And rather than withhold.
Child support or access. The appropriate response. Is for parents to take their divorce lawyer Edmonton and go to court. In order to inform them of what is happening. The parent that is withholding access or child support.
Will get dealt with in a legal manner. Which may include getting find, required to pay retroactive child support. Or triggering what is called the maintenance enforcement program in Alberta.
This is an agency within the province of Alberta. Who has broad and sweeping powers. In order to enforce child support orders. That are currently going unpaid. They do have significant authority.
In order to convince delinquent parents. To pay their child support. By being able to not only threaten, but following through on a variety of actions. Including suspending drivers licenses, confiscating passports.
They can also furnish a person’s wages. So that child support comes directly off of their checks. Until they have paid everything that they owe. As well as sees a person’s assets. This can be quite serious.
And therefore, rather than avoid paying child support. Especially as a punishment for the other parent. People should go to court to inform them of the other parent’s delinquency. Or, if they can no longer afford payments.
Because they have large bills. Or they have lost a job, or got a different job. Where they are making less money. Then they will be able to get the court. To reduce child support payments. Or stop them temporarily.
Until their financial situation improves. Something else that parents need to understand. Is that the law does not see child support as a punitive measure. And as long as the parent is willing to work and communicate with the court.
The court will be more than amicable about reducing payments. If a person’s life circumstances are changed. To find out more information, or talk to a divorce lawyer Edmonton directly. People can set up an appointment with eLaw Alliance, located in Edmonton today.
Divorce Lawyer Edmonton | Can You Waive Child Support Payments Indefinitely
While nobody wants to need to hire a divorce lawyer Edmonton. Divorce and separations have been constantly. With half of all marriages ending in divorce in this province. And when those relationships have children.
The children are going to have to be cared for. In a legal manner, which is the function of child support. Child support is the way the law can ensure. That both parents are contributing to the well-being of the child that they created.
It is actually considered a right of the child. Therefore, it is not able to be waived for any reason. If a parent has lost their job. They may have their child support payments temporarily stopped. However, when they are circumstances improve.
They will be responsible for paying. What is called retroactive support. Refers to the amount of money that they should have been paying in the past. But they were not, because they were not able to.
A person can actually be held legally responsible to pay any retroactive child support that they owe. And while the legal limit is typically about three years. The courts will make a decision. How far back they will actually hold someone to their retroactive payments.
However, divorce lawyer Edmonton says the law also does not view child support as punitive in nature. And are more than happy. To adjust child support if a parents life circumstances change.
For example, if they lose their job. Our temporarily laid-off, or get a different job. Where they are making less money. They can start a claim with the help of their divorce lawyer Edmonton. To reduce their child support payments through the courts.
They must be able to prove that they are unable to make ends meet. While paying child support payments that they have been ordered to. Or if they can prove that they are undergoing a financial hardship.
For example, they have been diagnosed with a life-threatening disease. And they must pay for things like medical treatments or medication. That they did not have. When child support was initially calculated.
The judge may reduce payments temporarily. Permanently, or even in some circumstances. Reduce the total amount that a parent owes. As long as the parent is communicative with the courts.
As well, some parents have jobs. That are not consistent in the income that they bring home. From one month to the next. For example, a parent may have a 100% commission based job.
Or they may have a job that requires significantly on tips. They can register with the courts a program, that will allow them. To report the income on a month-to-month basis. And pay the child support that they can afford based on what they make.
Child support is such a legal issue. That when parents are separating or divorcing. They should check with the experts. Such as those at eLaw Alliance located in Edmonton. People can call or email to arrange a one hour consultation today.