Divorce Lawyer Edmonton | Why Child Support is Required
Many parents may not fully understand their obligations when they are divorcing or separating says divorce lawyer Edmonton. And this is especially true when it comes to the rights of the children involved.
In fact, the Alberta family Law act as well as the divorce act. Both outlines the rights of the child involved. And specifies the obligations of both parents.
Parents are legally required to support child that they helped create. Even if it is solely from a financial perspective. Which means even if a parent does not see their child, they still must pay child support.
Many parents mistakenly believe that if there ex-spouse does not allow them to see their children. That they can legally withhold child support payments.
Or use withholding child support payments to encourage their ex-spouse to let them see their children. However, this is not legal, and it is important for both parents to understand this.
Another common misconception that parents often believe about child support according to divorce lawyer Edmonton. Is that when the custodial parent makes more income than the noncustodial parent.
Then the noncustodial parent is not obligated to make child support payments. But this is also not true, regardless of how much more money custodial parent makes.
That does not relieve the noncustodial parent of their financial obligation. To continue to make child support payments. Because those payments are the right of the child.
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Even if parents are on very good terms, and think that they can agree to not pay child support. Because they are both still very active in the children’s lives.
Divorce lawyer Edmonton says they need to understand that this is not an agreement that they are allowed to make. And that they will still be required by law to make these child support payments.
Another misconception about child support. Is that if there ex-spouse is on social assistance. They no longer have to continue making child support payments.
This is not true at all, because the noncustodial parent still is legally obligated to make payments. However, in the case of the custodial parent being on social assistance.
The noncustodial parent needs to send their child support payments to government agency instead. Understanding this, can help parents avoid ending up in legal trouble if they stop payments.
Parents also believe that if they get a different job, or lose their job. They can adjust the amount of child support that they pay. By minimizing it to the new percentage according to the provincial calculator.
Or that they can stop making payments until they find a new job. But this is not an accurate assumption. And if anything changes financially for one parent. They need to make an application within the court system.
To reduce their payments. Or temporarily stop them until they can pay again. And then come up with a plan on how to pay the child support that they owe when they were not paying.
By maintaining open communication. As well as discussing child support with their divorce lawyer. Can ensure that all parents are acting within the law.
Divorce Lawyer Edmonton | Why Child Support is Required In Alberta
When children are involved and there is a marital breakdown, both parties must speak to a divorce lawyer Edmonton. In order to find out what their legal obligations are. When it comes to their children.
There are many laws that govern a child’s rights. As well as appearance obligation. And these can be found in the Alberta family Law act as well as the divorce act.
These acts are available to read for free online. However, parents might find a divorce lawyer Edmonton abettor resource. Because they can also answer any questions parents might have about this issue.
Paying child support is a right of the child. And is protected under law. Which is why parents must pay child support. And they are going to be very few obligations to relieve a parent of that duty.
In addition to that, there are many misconceptions about child support. But if parents blindly believe this. Can end up with them in legal trouble for failure to live up to their responsibilities.
When parents separate or divorce. Or even if they were never legally married, but are breaking up. They must provide their ex as well as the courts with income information.
So that the court can calculate the appropriate child support payments. The parent who needs to pay child support. Will be the parent who has noncustodial access to the child.
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Which means the parent has custody of the child for 40% of the time or less. They must pay child support to the custodial parent. Regardless of how much money that custodial parent earns.
Many parents believe that when the custodial parent makes significantly more money than the noncustodial parent. That the noncustodial parents no longer is required to pay child support.
This is not true, and in fact divorce lawyer Edmonton says parents must continue to pay child support. Even if the custodial parent does not need the money. Because it is the obligation of a parent to financially support their child.
However, parents do need to understand. That if the custodial parent makes significantly less than the noncustodial parent. They can apply to the court to have child support increased.
And if that happens, the judge will make the final decision. About how much more money a noncustodial parent needs to pay. So that the child can be cared for properly says divorce lawyer Edmonton.
In addition to that, both parents also will be required to pay for the child’s extracurricular activities. Such as joining sports team, or if they are enrolled any music or art program.
According to both spouses income, they will pay proportionally. As long as both parents can afford to make these payments. These are considered section 7 expenses under the Alberta family Law act.
It is very important that parents understand not only their rights when they are divorcing. But there obligations to each other, and especially to their child. So that they can ensure that they are providing for their child according to the law.