Divorce Lawyer Edmonton | Why Child Support Is Always Mandatory
Many people who hire divorce lawyer Edmonton. Often believe that they can negotiate out of paying child support. Or, that this is something that they can get out of. However, this is almost never the case.
The law looks at child support. As a way for both parents to financially support. The life that they created together. This is why it is mandatory. To pay child support, regardless of visitation, access or any other factors.
Some people believe that if they do not wish to see the child. That they do not have to pay child support. This is not true, and child support must be paid. Whether a parent is able to see the child.
Or if they even wish to see the child. While the court considers it in the child’s best interest. To have as much access to both parents at all times. Child support must be paid, regardless of access.
In almost no circumstances says divorce lawyer Edmonton. Does a court make an arrangement. For one parent to not pay child support. Even in instances where parents have given up their parental right.
In most cases, parents still have to end up paying for. And being at least financially responsible. For the life that they created. This is why courts frowned upon. Parents who take things into their own hands.
And withhold child support payments. If there ex partner. Is withholding access of the child. For their regular scheduled visitations. This is the case says divorce lawyer Edmonton. Of two wrongs not making a right.
Therefore, parents should understand. That the appropriate response. If one parent is withholding access. Is to contact their divorce lawyer. And go to the courts, and inform them. Of what is going on.
If the parent who is paying child support. Continues to pay child support. Even though the other partner. Is denying them access. It will look better for the parents. Who is looking for access, to have done nothing wrong.
As well, in situations where a parent. Is not paying child support. It is also frowned upon if the parent. Stops allowing the child. To see their parents. The courts view child support and access as mutually exclusive items.
Even if a parent moves to another country. This does not allow them. To stop paying child support. In fact, Canada has what is called. A reciprocating jurisdiction with other countries. This allows certain legal agreements.
To be upheld in foreign countries. Or, those countries legal agreements. To be upheld in Canada. Therefore if a parent moves. Or flees to another country, those countries who have reciprocating jurisdictions.
Will enforce child support payments. And failure to do so will cause a parent. To succumb to the laws of that country. Whatever the penalties are. For failing to uphold. The legal agreements in place.
Divorce Lawyer Edmonton | Reasons Behind Mandatory Child Support
Countries that have reciprocating jurisdictions with Canada. Are many, but can include the United States of America, United Kingdom and Australia. As well as many European countries.
Germany, Poland, Norway, Austria and Switzerland. And as far away as places like South Africa, Fiji, New Zealand, Barbados. As well as Papua New Guinea, just to mention a few
Many people may not realize the truth about child support laws says divorce lawyer Edmonton. Which is why they may stop payments. Or try to make arrangements with their ex partner. To not pay them.
Child support is seen by the law. As a right that the child has. To have parents who both financially contribute. To their life, and their support. This is why parents cannot make the decision.
To not pay child support. This is often the case. When both parents are very amicable with each other. And are sharing access equally between the two. Some people may not even realize that child support must be paid.
When parents share access equally. And the way it is calculated. As outlined in the divorce act. As well as the family Law act of Alberta. Under section 9, also called set off child support.
The courts will calculate. The difference in income between one parent to the other. And the amount that one parent makes more money. A percentage will be taken off of that amount. The parent that earns more.
Will pay the percentage of the remaining income. Some parents might wonder why this is done. If both of them are sharing access. It is ultimately to ensure. That both parents are bearing the saying burden.
Of caring for. And providing the necessities of life such as food, clothing and shelter. For the child another misconception says divorce lawyer Edmonton. Is it many people believe child support is not owed.
If the parent who has access more than 60% of the time. Is also the parent who is the higher income earner. They will believe that since the parent. That owes less, does not have as much access.
Which means they will not have to pay child support. And this is also not true. The parent that has access less. Owes child support. To the parent that has access more. Regardless of how much either party makes.
However, the lower income earner. Only pays percentage of their income. Therefore, the amount that they pay. Is likely going to be a smaller amount. But it is a way for the courts to ensure both parents contribute.
Another misconception says divorce lawyer Edmonton. Is that parents who have income. That has decreased since the court has calculated their child support. Are going to have to continue paying the higher amount.
This is not true at all. The courts do not look at child support as a penalty. But rather a way that parents can support their child. Therefore if incomes change. The courts are more than happy.
As long as parents are communicating with them. To adjust child support, as long as the parent. Has financial documents to support. The fact that they are making less money than they were previously.