Helping Parents Understand Custody Agreements

by | Apr 7, 2020 | Child Custody & Child Support

Helping You Understand Custody Agreements

When parents are experiencing a marital breakdown, they may be responsible for navigating the child custody and child support agreements that they must adhere to. This can be very overwhelming, and while parents might find that it is very difficult, because they are experiencing a marital breakdown themselves. If they end up making all of their decisions with the welfare of their children as their first priority, they are going to make the best decisions possible.

It can be very overwhelming, and many parents often act out of hurt. Unfortunately, this is something that they should get out of their system. If they act out of fear, or act out of hurt, they could end up negatively impacting their children, or ending up with an unfair custody or child support agreement. And ultimately, if they end up with what’s most fair for their child, they will have one. Therefore, it’s very important that parents put aside their differences while they’re discussing child custody and child support.

Parents need to understand that their children are far more perceptive than they realize. Parents often get caught up in their own conflict that they don’t see the effect on their child. However, their child sees a lot more than they realize, and if parents understood this, they might be a little bit more understanding when it comes to creating a fair and Equitable custody and child support agreement for everybody.

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Ultimately, parents need to understand that child support is ultimately helping the parents offset the cost of raising a child. This is typically designed for the parent with sole custody to get payment to offset the fact that they are paying for the food, clothing, shelter and utilities of raising a child. It is ultimately both parents fiscal responsibility to care for the children they bring into this world. Child support payments were created to help ensure that parents were getting this help.

It’s also very important that parents understand that this basic child support is not the only child support that they have access to. Special expenses may also be called section 7 expenses and these are extraordinary expenses shared by both parents in proportion to how much money they earn. This is very important, because the extraordinary expenses might be for extracurricular activities, for braces, for tuition, or for medical expenses. By both parents paying into this pool, they can ensure that they are ending up with both people paying for the extraordinary expenses of their children.

When parents can puts their Children’s Welfare at the Forefront of custody and child support agreements, they can end up with the best results possible. By ensuring that their children are looked after, before figuring the rest of their divorce out, parents can help ensure that their children are being looked after, no matter what the state of their marriage is.

Helping People Understand Custody Agreements

Many parents do not expect to find themselves navigating their own child support and child custody. However, 40% of all marriages in Canada and then divorce. And 25% of these divorces will include dependant children. Therefore, people might be kidding themselves if they think it’s never going to happen to them. Therefore, they should make the decision early on in their marriage, as soon as kids show up that they are going to always act in the best interest of their children. This way, they will be able to ensure that they are keeping their children’s best interest with all of the decisions that they make.

One of the most important things that parents need to keep in mind, is that custody needs to be figured out before child support.the reason why, is because what’s the child support ends up being is going to be dependant on what custody agreement they agree to. It is becoming far more commonplace more than ever that parents are sharing custody of their children.

20 years ago or more, typically, when parent was awarded sole custody. Because of that, the federal guidelines for child support was put out, in hopes that parents could figure out if Terrence was managing all of the financial responsibility of their child, the non-custodial parent would have a guideline of how much child support to give them. However, with shared custody, it is no longer required for parents to follow the federal mandated chart.

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However, parents do needs to take into consideration that before a judge will sign off on their divorce, he will look at the child custody and child support agreement that they put into their divorce. If the judge does not think it is fair or Equitable for both parties, they may have to make some changes. Therefore, parents should not I think that it is a foregone conclusion that’s no matter what they decide to do is going to get approved by a judge.

Ultimately, parents can decide what the best child support is for both of them if they share custody. It may not be any child support payments at all, simply because they are sharing the cost of raising the child. Or, it may be that one parents even though they have their child for 50% of the time he’s making considerably less than the other parents. In this case, parents might decide that a child support payment is necessary.

When parents are making the decision on what their child custody and child support arrangements are going to look like, they need to ensure that they are both financially responsible for their child, that their child is at the Forefront of their decision, and that it will be approved by a judge. When they realize this, it may make a lot of the decisions regarding child support and child custody much easier.

Marla Miller, K.C.
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Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.

One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.