Divorce Lawyer Edmonton | What Child Support Means
There are many misunderstandings, and misconceptions about child support according to divorce lawyer Edmonton. Ultimately one of the most important things. That both parents need to decidedly understand. Is that child support, is actually the legal right of the child.
Actually, the financial obligation. Of both parents. To provide financially. For the life they both help to create. Moreover how child support is calculated. In the province of Alberta, is according to two documents.
The family Law act. Which governs parents, who have children. But are not legally married. And the divorce act in Alberta. Governs couples, who have been legally married. And consequently what happens, with child support.
Ultimately, divorce lawyer Edmonton says there are three sections. Ultimately devoted to child support payment. For example, section 3 talks about the expenses. That fall under necessities of life. Such as food, clothing and shelter as an example.
Certainly this is calculated, by what the parents income is. Taken from line 150. Of the notice of assessment on their tax form. If parents are self-employed. Then the courts will use another means. Such as bringing their accountant for instance.
Into the courtroom to testify. The percentage of that amount. Is what the parent, will ultimately have to pay child support. Will be obligated to, on a monthly basis. And who has to pay child support is calculated separately.
Consequently if both parents are sharing access to the children. The parent who surely has the child. More than 60% of the time. Will get the child support payments sent to them. By the parent, who has the child or children.
40% of the time or less. Although if the parent does not pay the amount that is owed. On a monthly basis, they will face serious legal repercussions. Although, it will be a lot more problematic says divorce lawyer Edmonton.
However, the second section. For example that deals with child support. Is section 7, this covers extracurricular activities. Or expenses that the parents must pay. For things like daycare. Both parents must actually pay this amount.
It will be based on a percentage of each of the parents income. And will be paid directly. To the company, or organization. That the child is enrolled in. And finally, the third section.
That deals with child support in Alberta. Is section 9. Which is also called set off child support. What this is, is what happens. If both of the parents. Share 50% access to the children that came from their relationship.
They ultimately must submit their income information. To the courts, and a percentage of the amount that they earn. Resulting in a calculation. The person who ultimately earns more money. Will be assessed at a higher financial amount.
The difference between the higher amount. And the lower amount. Is what the higher income earning parent. Will pay, to the other parent in the relationship. This is the set off amount.
And a great way, to calculate. Who has to pay child support. When both parents, have equal access to the children. For more information, parents can get help from a divorce lawyer.
Divorce Lawyer Edmonton | Understanding Alberta Child Support Laws
Child support, is the right of the children says divorce lawyer Edmonton. And there are a lot of misconceptions about this payment. By both parties, when a relationship ends.
One of the most common misconceptions. Is that if one parent. Does not allow access to the children. This makes the other parent. Off the hook paying child support. This is absolutely incorrect.
The parents, actually owe child support. Consequently because it is the right of the child. That was created from two people. Thus, there is very few circumstances. That a parent would be let off the hook. For paying this amount.
Even if a parent prevents the other. From seeing the children of the relationship. And even if one parent. Does not want to have anything to do. With the children from the relationship. They are still legally obligated.
To ultimately paying child support. Since they created life. For this reason they are obligated to it, until the child is in adults. However, in some circumstances says divorce lawyer Edmonton. Child support is owed.
Even after the child turns eighteen. There are certain circumstances. Such as the child going to post secondary. Often will remain getting child support payments. Until they are twenty-four years old.
As well, if a child remains financially dependent. Or otherwise dependent on a parent. They may also be able to claim child support. For a determined amount of time. That is figured out. By the court system.
Another situation. That divorcing or separating parents of children. Should know about, is notice to disclose. Or request for financial documents. That is requested of them in the circumstances.
What this is, is a request from the court system. To disclose their financial information to the courts. This way, the judge will be able to calculate. How much each parent makes. And therefore, how much child support they will owe.
Some parents think that they may be able to avoid child support payments. Simply by failing to disclose their financial information. However, this would be a very poor move on behalf of the parent.
The first thing that will happen says divorce lawyer Edmonton. Is that both parents will receive a summons to go to court. Consequently, the judge will listen to anecdotal information. From the other spouse.
About how much money the other spouse is making. Even if they estimate far more money. Then the parent who fails. To disclose their financial information makes. The judge may calculate.
Any amount of money that they want. As the child support payment. This leads to the parent who fails to disclose their income. Will then be legally obligated to pay. Often, if it goes to court.
Therefore, the parent who ultimately does not. Disclose their finances as a result. Will undoubtedly end up paying more money. Then they would eventually have had to. If they simply disclose their finances at the beginning. It is a large headache, that no one needs to go through.
If parents have any questions. About child support, divorce and separation. They can contact divorce lawyer Edmonton. For a free, one hour consultation.