When it comes to child support and custody, the law makes sure that the children are well-cared for. Even if one parent does not see or care for the children, the law requires parents to support them. This allows children to benefit from both parents in the same way that they would if their parents shared a home. If you require a skilled child support lawyer in Calgary for your child benefits, call Adept Family Lawyers.
A child support lawyer can help you arrange your payments, explain and decide the terms of your child support orders, and enforce custody and visitation agreements. They represent their clients in negotiations and provide support in court.
Child support process: A child support lawyer will begin by describing how the entire procedure works from start to finish. When you initially contact our lawyer, we will walk you through the early procedures, which include filling out paperwork and addressing any questions you may have. The idea is to make your life easier. We'll go through each parent's rights in relation to your specific scenario and determine whether you qualify for any amendments. Our lawyers will also evaluate the child support case, examine the records, explain the rules, and calculate potential payments.
Help with implementation: A child support attorney can assist you in establishing and enforcing a child support order. Everything that happens after everyone agrees on the agreements and the paperwork starts is the implementation phase. The truth is that not every divorcing couple will be able to reach an agreement, which will result in court proceedings to establish custody and monthly payments. You have the legal right to the money you need to care for your children, as well as a valid custody arrangement. The attorney can enforce the custody and child support arrangements if both parties have reached an agreement.
Negotiating the payments: If the two parties are unable to come to an agreement, litigation may be necessary, and your attorney will assist you in serving your ex-partner with a child support order compelling them to pay the amount of the appeal in court. If they decide to challenge the support, they will need to hire their own lawyer to make their case. It's tough to negotiate these conditions on your own, and it's nearly impossible if you don't get along with your ex. Another reason why having a child support attorney is so vital.
Protect your legal rights: It's critical to recognize that both parents have legal rights and that no two cases are identical. Both the mother and the father have the right to proper visitation and financial support, so if you believe your rights are being violated, you have the right to engage an attorney and address the matter once and for all.
Child support payments are funds sent from one parent to another in order to support a child. The purpose of these payments is to assist you in raising your child. It makes no difference whether you were married to, had common law with, or had any other form of connection with the person with whom you had a kid. Because these are duties to the kid, not to the parent, a parent cannot lawfully waive child support standards.
Child support in Alberta is governed by the Family Law Act. The Family Law Act replaces the Matrimonial Property Act, the Parentage and Maintenance Act, and the Domestic Relations Act, all of which dealt with divorce. Our child support attorneys are familiar with the law and know how to best defend you in any disagreement.
Some of the most essential and hardest decisions you will have to make include where your children will reside, who will see them, and who will make decisions regarding their upbringing.
Our goal at Adept Family Lawyers is to assist you in making those decisions in a cooperative, productive way that prioritizes the interests of your children. You are still parents, even if you are no longer a pair, and it is typically better to work together.
If collaboration is not feasible, our attorneys can advocate your interests in court. We will make certain that your rights are upheld and that your children's best interests are prioritized.
Both during and after the partnership, children must be financially supported. Child support can be divided into two categories:
Monthly Child Assistance is based on a formula that estimates support based on income and covers the children's day-to-day expenditures.
Extraordinary expenses are expenses that are not covered by monthly child support, such as tuition, school fees, medical and dental costs, childcare, and so on.
Guardianship entails being the guardian of your child or children, which involves safeguarding them. This involves making decisions about their health, safety, residence, nutrition, religious upbringing, and so forth. If the court believes it is in the best interests of the child, it can remove a parent's guardianship. People who are not parents, such as grandparents, relatives, step-parents, and so on, can seek guardianship of the children.
The issues to be resolved are the same whether the separating parents are married or not. They are as follows:
Who will live with the children: The children have to live with either of you or they may split their time between the two of you.
Who has access to the children: Even if you do not live with your children, you and they have the right to visit each other. Other relatives, such as grandparents, may also want time.
Who has the authority to make decisions: These include decisions on the children's education, health, and religious upbringing. It is possible to share decision-making or guardianship.
Who will provide assistance to the children: The amount of support is calculated by taking into consideration the parents' income and who the children reside with.
A child support lawyer will provide you with the impartiality you require before deciding whether to settle or litigate in the best interests of the children. The worst scenarios occur when a lawyer just follows a parent's demands, causing greater acrimony, expenditure, and loss of resources in an attempt to 'win' rather than resolve.' Our attorneys are impartial, and they may say things you don't want to hear. However, we remain committed to what we believe to be in the best interests of children.
Child support payments are determined by a number of variables. Our child support attorneys can assist you in determining what you are entitled to and what you are accountable for in terms of child support. The following are some of the considerations considered while assessing child support:
Amounts in the basic child support guideline: In Canada, the amount of child support a parent must pay is determined by the federal government. Payments will be made based on the number of children you have and your and/or the other parent's income.
Payments are affected by child custody: Calculations are conducted according to government criteria where parents effectively share custody (50/50 – 60/40 divides in time). The netting of the difference between the individual parent's contributions results in the sums owed from one parent to the other. The lower-income parent receives payment of the resultant sum. If one parent has custody for the majority of the time, only that parent receives money.
Extraordinary and unusual expenses: Finally, our attorneys examine specific and unusual expenditures. These costs include amounts that are necessary for your child's care in addition to your ordinary living expenditures.
When you and your partner decide to divorce, you must address several issues:
When it comes to children, the only thing that matters after a divorce is their best interests. So, when it comes to parenting time or custody, neither your nor your spouse's interests will count. The law only considers the optimal parenting arrangement for the children, taking into account their unique needs and circumstances.
Parenting time may be structured in a number of ways, but there are two main categories:
The kid lives with one parent most of the time and sees the other parent less than 40% of the time.
The parents split parenting time with the child, each spending more than 40% of the time with him or her.
Instead of attempting to shelter their children from the harsh effects of divorce, some parents unwittingly expose their children to further conflict as a result of their decision to separate. Instead of maintaining a 'unified front,' co-parenting, and limiting harm, parents begin battling amongst themselves based on emotions that are so deep that they can impair objective judgement. This leads to large sums of money being spent, permanent psychological injury to the parents, and, most crucially, life-long harm to their children.