Divorce Lawyer Edmonton | Why Child Support is Mandatory
Parents who are no longer going to parent their children as a couple should talk to a divorce lawyer Edmonton. So that they can find out what the rights of their children are.
And even if they were never legally married, and living common-law. The Alberta family Law act will have the information regarding what the rights of the children are. When their parents are no longer together.
One of the most important things that parents need to keep in mind. Is that one parent will be considered the primary caregiver, and have custody. And the other parent will be the one paying child support payments.
Even if the couple is very amicable, and have agreed on their own. That neither of them needs to pay child support. Divorce lawyer Edmonton says this is not a decision they can legally make.
According to the law, one parent will be the one considered custodial. Which means they have custody of the child for 60% of the time or more. And the other parent automatically pays child support.
The reason why, is because child support is considered the right of the child. And that right is not allowed to be negotiated away by any person.
In fact, divorce lawyer Edmonton says there are very few circumstances. Where a parent would be allowed an exemption from seeing their child.
Even if they choose to never see their child. And even if there ex-spouse will let them see the child. They are still required to financially care for the life that they helped create.
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Keeping this in mind, parents also need to understand that even when their child reaches eighteen. This does not automatically and child support payments. Even though that is a common belief.
As outlined in the Alberta family Law act as well as the divorce act. Children who are over eighteen who are attending post secondary schooling. May be qualified to receive child support as long as they are going to school.
And in other circumstances, such as a child being pendant on a parent for certain reasons. May be eligible to receive child support until they are twenty-three years of age.
In these circumstances, parents can talk to their lawyer, or go to the courts. In order to find out if they are eligible to continue to receive child support payments.
Child support payments will be calculated by a percentage of the noncustodial parents income. However, this can fluctuate either by parent who changes jobs.
Or if there income is not consistent, such as if they are working in a service industry. And receive tips as part of their income. In these circumstances, parents can get child support recalculated.
They can apply to the court to have child support payments reduced. Or they can apply for the recalculation program. That can automatically recalculate child support payments on an annual basis.
So that they can be assured that they are always paying the child support that they are required to. So that they can always the caring financially for their child. Within the requirements of the law.
Divorce Lawyer Edmonton | Why Child Support is Mandatory In Alberta
When parents are divorcing or even separating, they should be speaking to legal counsel such as a divorce lawyer Edmonton. So that they can be aware of not only their rights, but their obligations as well.
One such obligation is the payment of the child support. And this is considered the right of the child, and is protected under Alberta law. The law is called the Alberta family Law act.
And this states that child support is mandatory, and must be adhered to at all times. Child support is calculated as a percentage of the noncustodial parents income.
And must be paid, regardless of how often they see their child. Even if they do not wish to see their child at all. And there will be serious legal consequences if a parent avoids payment.
If parents stop making child support payments. Several things can happen. Including their ex-spouse can take them to court.
In order to get them to pay child support. As well as pay child support they did not pay for as long as they have not been paying. This is called retroactive child support.
In addition to being taken to court by their ex-spouse. If a parent fuses to pay child support. This can trigger the maintenance enforcement program.
Which is an agency in Alberta that is in charge of enforcing child support court orders. They have a very broad authority. To encourage parents to pay child support.
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They can suspend drivers licenses, as well as confiscate people’s passports. So that they cannot leave the country. And they can also garnish parents wages, so that they are forced to pay child support.
Even if they try leaving the country says divorce lawyer Edmonton. They may find that they are still required to pay child support. Because of what is called reciprocating jurisdictions.
Where legal orders such as child support that is granted in Canada. Can be legally enforced in other countries. In addition to being forced to pay child support.
It can also end up with more trouble for a parent when they return to Canada. Which is why this should be discouraged by all parties.
It is also important for parents to know. That they both will be required to pay for extracurricular activities. Such as joining sports teams like hockey, or soccer. Or an artistic pursuit like art or music.
These are considered section 7 expenses according to the Alberta family Law act. And both parents will be required to pay, based on a percentage of their income. And proportionally shared between parents.
Therefore, people who make the assumption that the custodial parent is the only one obligated to pay for extracurricular activities. Divorce lawyer Edmonton says they need to know that this is not true.
When parents understand their legal rights. As well as the rights of their children involved. They can ensure that they are acting within the law, to ensure that their children are taken care of at all times.