Divorce Lawyer Edmonton | Who Owes Child Support
Child support is a hotly contested issue says divorce lawyer Edmonton. Although, it should not be. Because it is quite simply. The right of the child. To ultimately have both parents provide for their necessities of life.
Unfortunately, many parents and up thinking. That it is a payment for one parent. Caring for the child more. And that it is tied, to access, when that is not the case. Child support quite simply.
Is a way for the court system. To ensure both parents. Our providing for a child. Child support is calculated differently. Based on how much access. Each parent has of the child.
Access refers to where the child is living. The majority of the time. The right of the child. Is to have as much access. To both parents. As often as possible. And because of this.
When parents split access. Evenly, where the child lives. 50% of the time with one parent. And then 50% of the time. With another parent, that is viewed. Most favourably by the court system.
When this is the living arrangement. Then child support. Will be calculated, according to section 9. Of either the divorce act. Or the family Law act in Alberta. But section 9 says.
It is also referred to as set off child support. That the parent who earns more money. Will pay the child support. Based on the difference. Of both parents income, and then a percentage of that.
And while some parents. May be nervous, having child support. Based off of their income. There are many ways. For parents. To change that. If their financial circumstances change says divorce lawyer Edmonton.
For example, some parents. May actually have a job. That fluctuates their income very widely. For example, they are in an industry. Where they depend on tips for the bulk of their income. Such as a bartending.
In this situation, parents will end up. Benefiting, from a program. That allows them to disclose their income. On a monthly basis. And change the amount of child support that they pay. Based on that income.
It can help eliminate hard feelings. From the parent who receives child support. They will not have to wonder. Why their child support payments change. From month-to-month. It will also help eliminate.
Problems, with a parent. Not being able to make. Their child support payments one month. Causing hardship for the other parent. As well, parents should keep in mind. If they have regular income.
But they get a new job, that pays them less. If they lose their job. Or if they get laid off. They can also apply in the court system. To have their child support reduced. Or, they will have permission.
To stop paying child support. For an agreed about amount of time. Until they can once again. Afford payments. However, no matter what the parent does says divorce lawyer Edmonton.
They need to inform the court system. Every step of the way. So that they know, they are legally covered. And that they are doing right for their child.
Divorce Lawyer Edmonton | Who Owes Whom Child Support
Calculating child support is a simple equation says divorce lawyer Edmonton. However, navigating some of the intricacies. Of child support, in different circumstances. Can be difficult.
The reason why, is because child support. Will be based on a number of variables. Such as how much income. Both parents are making. And how much access. Both parents have the child.
In some circumstances. A parent, may end up receiving. Social assistance, and in this case. They may think. That child support changes. When the parent who receives child support.
Is also receiving social assistance. Divorce lawyer Edmonton says this does not mean. That the other parent. Can stop paying child support. Just because they are receiving government money.
However, it does change. The nature of the payments. Causing the parent who pays child support. To rope the money through the provincial government. Instead of sending the money. Directly to the parent.
Under no circumstances. Will social assistance. Allow one parent. To stop making their child support payments. And if they do this, they will be contacted. By the maintenance enforcement program.
Another circumstance. That might be difficult. For parents to navigate. When it comes to child support payments. Is figuring out. How parents will end up paying. For the child’s extracurricular activities.
This is detailed, in both the divorce act. And the family Law act. Under section 7. Which specifies, that both parents. Are expected to contribute. To the extracurricular activities of their children.
How it is calculated. Is a percentage of each parents income. To make up the total amount. That the extracurricular activities cost. However, if both parents cannot afford to pay for the activities.
Then, no parent can be forced to pay it. This means, one parent cannot. Enrolled their child in something beyond their means. Expecting the other parent. To pay for the entire thing.
As well, divorce lawyer Edmonton says. Parents cannot dictate. What activities the child is, or is not enrolled in. The parent who has access. The majority of the time. Will get the latitude to make that decision.
If a parent misses child support payments. They will owe that payment retroactively. And even if they miss several months, or several years. They will be legally required to pay it.
For as long as it takes until they get caught up. In fact, the court system. Can go back several years. And while, nobody wants to be in arrears. By several years. This will happen if people miss payments.
This is why it is far more advantageous. For a parent to make an application in the court. If they are unable to make child support payments. So that they can either have payments reduced.
Or, have a plan on how they can eliminate a payment. Until they can better afford it. All in all, the courts view child support. Not as a punitive measure. Which means, they are more than happy. To cooperate with parents whenever needed.