Divorce Lawyer Edmonton | Who Pays Child Support
Divorce can be a very touchy subject says divorce lawyer Edmonton. But when children are involved. Ultimately parents can get extremely difficult. In addition to being very petty towards each other.
While most of the time, most parents. Or able to separate amicably. And figure out child support, visitation. And other situations that involve their children. Without any problems.
However, both parents, no matter what the situation is. Need to know their legal rights. As well as their legal obligations. Not just to each other. But to their children, that came from their relationship.
The first legal obligation. Is it for both parents. To financially support the life they created. And this is figured out a couple of ways. It is outlined in both the divorce act. And the family Law act of Alberta.
Specifying that child support payments. Will be calculated. By figuring out, where the child will live most of the time. And the parent who has them less time. Will make the child support payments.
To the parent, who has the more often. This is not a punishment. Nor is it away, for one parent to support the other. It is simply a way, for both parents. To fulfil their financial obligations. To their children.
Therefore, even when the parent. Who has the child more often. Makes more money. Child support must be paid. Even if the parent. Who has the child more often. Is on social assistance, child support must be paid.
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There is in fact, extremely few circumstances. That would get a parent off of child support payments. Even if one parent does not allow access. Or if one parent does not want access.
They continue to be legally obligated. To financially care for the child. Until they are of legal age. Or, even longer than that. Divorce lawyer Edmonton says child support often continues.
Until the child is twenty-four. If they are going to post secondary institutions. Or, if they are, for some reason. Economically dependent on one parent. Such as having a disability.
Therefore, parents who have any questions. Should contact divorce lawyer Edmonton. Not only can they get a one hour consultation. But the first consultation is free. To help parents figure out what to do.
However, parents should also realize. That they also have another obligation. To the life that they created, in their children. Which is the law supports. The child should have as much access.
To both parents as much as possible. Therefore, if one parent withholds access. They will also be in financial trouble. However, parents should keep in mind. That if this happens.
They are still legally obligated. To continue making child support payments. And if one parent. Fails to fulfil. Their obligations the children. The other parent, can make an application through the court.
Specifying that they either want access. Or they want child support. And a judge will get involved. However, if parents want to avoid this scenario. They can hire a divorce lawyer today.
Divorce Lawyer Edmonton | Which Parent Is Responsible For Child Support
While child support is mandatory says divorce lawyer Edmonton. That does not stop many parents. To try to avoid making payments. There are many different reasons this happens. However people should know.
That the courts do not view child support. As a punishment. And therefore, it is not designed to be financially punitive. They want to help parents. Pay for the support of their child. But not financially ruin them.
This is why both parents are required. To exchange their financial documents. Once a year. So that the courts can be satisfied. That the amount of child support. That has been and dated, is fair.
If parents have a change in income. After that exchange of information. They can simply make an application. Through their divorce lawyer Edmonton. To the court system, to change the amount they pay.
This is done quite easily. With a parent providing proof. Of their new income. And a judge, will almost always simply lower the amount. However, some parents. Are not sure what to do.
And as a result, stop paying child support altogether. This is a huge problem. Because it will trigger the maintenance enforcement program. Which is an agency in Alberta, whose sole purpose.
Is enforcing child support orders. Through an extremely broad amount of power. They can suspend drivers licenses. Confiscate appearance passports. Seize assets, and garnish wages.
The only way that they will get there licenses or property back. Is when they pay. All of the amount that they owe. This can be a financial burden. And is absolutely unnecessary.
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There is also a contingency plan says divorce lawyer Edmonton. For parents who have income, that is not consistent. Such as people in the service industry. Who earn most of their money through tips.
Or someone who is a commission based sales person. Who might have extremely high income one month. But almost no income the next. They can be put on and automatic system.
Where they simply submit their financial information. On a monthly basis. And it gets adjusted. Based on the amount of money that they make. On a month-to-month basis. In months where they make little money.
They pay little child support. And the months, where they make more money. They pay more child support. This is very fair. And can help people avoid. The risk, of losing their license.
If they are chased by the maintenance enforcement program. As well, parents should be aware. That if they decided to leave the country. Chances are quite good. They will still have to pay child support.
Canada is what is referred to. As a reciprocating jurisdictions. Which means, with the countries that reciprocates. Canada upholds their court orders. And they uphold Canada’s court orders.
And that includes child support orders. There are very few places. A parent could go, that they would escape child support payments. In short, both parents should meet their obligations.
And avoid not only a messy divorce. But avoid, ending up in court unnecessarily. For more information. People can contact divorce lawyer Edmonton, at ease all alliance.