Divorce Lawyer Edmonton | You Cannot Waive Child Support
Child support in Alberta is required by law says divorce lawyer Edmonton. And even if both parents agree. This is not something that can be waived. The reason is because child support is actually considered.
To be the right of the child. It is both parents obligation. To the life that they created. That they would be responsible at least financially. For that life, until they grow up. Therefore people should understand.
That even if their split is amicable. And they are sharing access to the child or children. They cannot make the decision legally. To not pay child support, for any reason. In fact, even if they plead this in court.
Specifying that they both will share access. To the children in the relationship. And they do not feel they need child support. The court will still enforce child support payments. In order to ensure the child is cared for.
Financially by both parents. If one parent has access more. Than 60% of the time. Child support will be calculated according to section 3. Of either the divorce act, or the family Law act in Alberta. This section states.
That the necessities of life, such as food, shelter and clothing. Must be provided by both parents. Therefore, parents that has access more. And 60% of the time there is a greater financial burden.
Which is why the parent that has access. Less than 40% of the time. Must pay child support. In order to equal the financial burden. Shared by both parents. Divorce lawyer Edmonton says this is calculated.
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By a percentage of the income. Of the parent who has less access. Because it is not considered a penalty. If a parent changes jobs. Or temporary loses one. All they have to do is inform the court.
That their income has changed. In order to have the amounts that they owe. Reduced appropriately, so that they will always. Be paying child support that is fair for them. One thing that parents should avoid.
Is simply stopping paying child support. Because their finances have changed. They likely will trigger the maintenance enforcement. Who has significant authority. To encourage people to pay the child support they owe.
However, divorce lawyer Edmonton says if both parents. Are sharing access equally. Which is what is most common these days. The child support is calculated. According to section 9. Of the Alberta family Law act.
Or of the Alberta divorce Law act. Section 9 states, this set off child support. Is the calculation done. When both parents share access equally. The court will determine who makes more income.
And what the difference is between one parents income to the others. The amount that is the difference. Has the percentage of child support calculated from. And that is the amount that they must pay the other parent.
If parents have any questions about child support. Or about the family Law act. As well as the divorce act in Alberta. The experts at the law alliance would be more than happy to answer those questions.
Divorce Lawyer Edmonton | Why You Cannot Waive Child Support
It is extremely important says divorce lawyer Edmonton. That both parents contribute to the life of their child. This is the idea behind child support. Child support is not a payment to the other parent.
But actually an obligation of both parents. To financially contribute to the life. That they both brought into this world. That is why even when a relationship ends amicably. They are never allowed to agree not to pay child support.
However, divorce lawyer Edmonton says it is more common. For relationships to not be amicable. And to try to encourage the parents that owes child support. To pay it appropriately, or they will get ramifications.
A common inquiry that divorce lawyer Edmonton gets. Is a parent who thinks they do not have to pay child support. Because the other parent is on social assistance. Parents should keep in mind.
That child support is not a payment to the other parent. But rather, a way that they can both support. The child they created, financially. Therefore the other parent. Being on social assistance.
Does not negate the need. To pay child support. The only thing that changes is that the parent who pays child support. Will now send that payment to the government directly. Instead of directly to the other parent.
Another misconception about child support. Is that a parent no longer has to pay. If they leave the country. Whether they are leaving the country for work. Or in order to get out of paying child support.
This is not an effective way of avoiding this legal requirements. Because Canada has what called. A reciprocating jurisdiction with dozens of countries. Throughout the world. What a reciprocating jurisdiction is.
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Is that with these countries. That Canada has agreements with. Both countries will uphold legal agreements, such as child support. Therefore if a parent leaves the country. For any country that has a reciprocating jurisdiction.
They will still be required to pay child support. And failure to do so, will result in that parents. Being penalized according to that countries laws. There are several countries, even countries far away.
That have reciprocating jurisdictions with Canada. Countries like the United States of America, the United Kingdom, Australia and South Africa. But even smaller countries such as Fiji, and Norway.
Poland, Singapore, the Czech Republic and Barbados. Switzerland, Germany and Papua new get. Just to name a few different countries. That will uphold Canadian child support laws. From someone who has moved there.
Even if a parent longer wants to see the child. That does not get them out of paying child support. As it is their legal obligation. To care for a life that they created. If parents have questions on these.
All they have to do is contact divorce lawyer Edmonton at the law alliance. For their free, one hour consultation. They can get the questions answered that they need. Or, retain a lawyer right from that meeting who will help them.