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Divorce Lawyer Edmonton | Why Child Support is Necessary
It is very important for parents of children to speak to their divorce lawyer Edmonton. If they are splitting up, whether that is through a divorce, separation. Or if they have previously been common-law partners.
The reason why it is important to get legal advice and representation. Is because when there are children involved. Parents will have a certain amount of legal responsibilities to that child.
Those legal responsibilities include financially caring for the child. To ensure that they have the basic necessities of life.
And when one parent has custody for more than 50% of the time, the other parent must pay child support. To ensure that they are also contributing to their child’s life financially.
This is because the custodial parent has a larger financial burden. To provide food, clothing and shelter. And the child support the noncustodial parent must make. Will be based on a percentage of their income.
In fact, in Alberta, the child support calculator is available online. To help prepare a parent for understanding how much child support approximately they may be required to pay.
When parents are divorcing or breaking up. They both must provide each other as well as the courts with their income information. So that they can calculate child support payments.
Some parents may believe that if they refuse to divide their ex-spouse or the courts with their income information. That will make it impossible to calculate child support payments.
They will either not have to pay, or they will only be required to pay the minimum amount. However, divorce lawyer Edmonton would advise against this because it is not true.
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In fact, this will go to court, where a judge will ordered child support. For an amount they think is accurate. Using information given to the judge by the ex-spouse.
In addition to that, the judge will typically order costs against the spouse who is refusing to provide income information.
Which can end up being a lot more money. Than if the parent had simply provided their income information from the start.
However, parents need to understand that if their income changes. Either because they lose a job. Or they get a different job that has them being paid less money.
A parent can apply to the court with help from their divorce lawyer Edmonton. To have their child support payments reduced. Even if they have a job that fluctuates from year to year and income.
Such as if a parent works a job where they do not have a consistent schedule. Or if they depend on tips for their income, such as a server or bartender.
They can apply to the recalculation program. That will automatically recalculate child support payments. Depending on a parents income on a yearly basis.
The courts do not see child support as a punishment. Therefore they are very amicable about reducing child support payments. If a parent has a change in income.
It is very important that parents realize that they must maintain open communication not just with the courts. But with the other parent of the child in order to do so.
Divorce Lawyer Edmonton | Why Child Support is Necessary To Pay
Understanding the Alberta family Law act is important if people are divorcing and children are involved according to divorce lawyer Edmonton. Because this act contains information about parents obligations to their children during a marital breakdown.
In fact, parents need to understand that they are obligated to financially support their children. And if they do not see their child either out of choice. Or if there ex-spouse is keeping them from seeing their children.
Many parents use this as a threat. Or use withholding child support as a way to get there ex-spouse to let them see their child.
However, divorce lawyer Edmonton says this is not legally allowed. And child support has nothing to do with visitation. And regardless of if a parent sees their child or not.
Does not diminish this obligation to financially care for the life that they helped bring into this world. And if a parent is not able to see their child, there are legal channels they can go through to fix that.
Another misconception about child support. Is that it does not need to be paid. If the noncustodial parent makes less money than the parent who has the children more often.
This is not true, because child support is to ensure that both parents are contributing financially to the well-being of the child. Therefore how much money the custodial parent makes.
Will not factor in to reducing and noncustodial parents child support payments. The only thing that may have been. Is if the custodial parent makes less money than the noncustodial parent.
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They can then apply with their divorce lawyer Edmonton to the courts. To increase child support. Especially if they are having a difficult time providing the basic necessities of life for their child.
Even if the custodial parent has enrolled their children into extracurricular activities. Such as putting them into a sports team like hockey or soccer. Or putting them in music or art classes.
The financial burden of paying for those extracurricular activities. Actually falls onto both parents. These are considered section 7 expenses according to the family Law act.
And according to both parents income, section 7 expenses are paid for proportionally. Therefore, if a parent makes significantly less, they will be required to pay significantly less for those extracurricular activities.
And no matter what, parents need to understand that they are not legally allowed. To not pay child support, even if they are amicable towards each other. And both agree it is not necessary.
This is a legal right of the child, and it is important that both parents contribute. And if a parent stops paying child support for any reason. Not only can they be taken to court.
But they can also trigger the maintenance enforcement program. That can revoke drivers licenses and passports. And even garnish wages.
Therefore, it is very important that both parents understand their rights and obligations. And if they have any questions, they should contact divorce lawyer Edmonton to find out what is required.