Archive for month: July, 2014

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RCMP officer convicted for faking paternity test sentenced

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, July 24, 2014.

A 37-year-old British Columbia man was sentenced to jail on July 17 after he was convicted for fabricating evidence by having another person take a paternity test for him. According to the report, the man, who is an RCMP officer, reportedly had another officer take the paternity test in July 2013.

The man reportedly had an affair with a woman in April 2009 that resulted in the birth of a daughter in July 2010. The woman was reportedly paying for her daughter’s expenses when she lost her job two years later. She applied for assistance from the ministry, which then sought to recover the cost of the child support from the man in May 2013. The man allegedly made two appointments at a clinic to take the paternity test but did not show.

In July 2013, the man was accused of asking his fellow RCMP officer to take the test for him. The other man agreed, and he went to the clinic on July 19, 2013, to take the test where a photograph was taken. When the test came back negative, the ministry went after the accused man. Since then, the accused man has reportedly paid back the cost of the paternity test and was making attempts to repay the child support that he owed.

Non-custodial parents may be responsible for making Former Vancouver Island Mountie sentenced for trying to fake paternity test”, Louise Dickson, July 18, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Dividing a couple’s family property at the end of a marriage

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, July 16, 2014.

British Columbia residents may wish to know how property is divided when a couple divorces. The law has a specific method, but couples are free to come to a separate agreement if they wish.

Under B.C. law, there are two categories of property relevant to a couple when they decide to divorce. Family property is defined as any property that each of the spouses came to own, either on their own or as a couple, until the day that they separate. This can be anything from retirement accounts to a family home. Excluded from this definition is anything that falls under the category of excluded property. Three types of property fall under the excluded definition, and they are property owned by a spouse prior to marriage, property that was gifted to or inherited by one spouse, and certain types of legal damages, trust property and proceeds from insurance policies. When this excluded property increases its value during the marriage, however, that increase in value is usually deemed to be family property.

These rules apply to married couples and to those who have cohabited for over two years in a relationship resembling a marriage. Any property that is deemed to be family property and not excluded is divided equally between the former couple when they divorce. In some cases, however, an unequal property division is appropriate when an equal split would not be fair to one party.

Additionally, a couple can choose to negotiate a different division of property agreement if both parties so desire. A lawyer who has experience in family law may be able to counsel one party and decide what constitutes a fair division of the family property. The lawyer may then be able to draft an agreement to be signed by the former spouses.

Source: Justice BC, “What happens to family property when spouses separate?“, July 15, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Controversy swirls over mayor and wife

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Monday, July 14, 2014.

As the mayor of Vancouver goes through a reportedly amicable separation from his wife, he is enduring false attacks and alleged rumours from one of his political opponents, the NPA. After three decades of marriage, the mayor moved out of the couples’ recently purchased residence into a condo. As the rumours swirled, Vision Vancouver released numerous media information that seemed to pull NPA into the conflict.

The couple later released a statement that said they were separating. They did not address the issue of divorce. However, the mayor’s team was surprised by the statement as they hoped they would not have to say anything about the mayor’s relationship with his wife. Within minutes, Vision requested information from the NPA about false accusations against the mayor and his family.

An email from an NPA official included accusations of philandering against the mayor. A representative from Vision questioned NPA leadership and the personal attacks toward the mayor. A news release from Vision requested that the NPA candidate for mayor explain why the party was attacking the mayor. The Vision questioned the sling tactics of the NPA and the type of campaign that brought personal matters into the public arena. A representative with the Vision categorically denied the rumours although the mayor himself did not comment. The representative further requested privacy for the family. However, an NPA representative denied the claims that the party is attempting to discredit the mayor. Through the years, the mayor has put his family in the spotlight with publicized photos of all of them together.

When a public figure decides to end their marriage, rumours could make their way into the media even when the couple wants to keep things private. A family lawyer might be able to lessen the public damage to a high-profile figure.

Source: The Province, “Vision Vancouver accuses NPA of personal attacks in Gregor Robertson’s separation from wife”, Sam Cooper, July 07, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Real Housewives’ divorce underway

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, July 3, 2014.

Drama filled a Canada courtroom as one of the stars of Real Housewives of Vancouver testified in a divorce case. Jody Claman provided testimony for several days during the divorce trial that endured two weeks. Specifically, she was asked questions about her income, assets and spending.

Claman was married to a mining executive. He filed for divorce in 2013. While the show lasted for only two years before being cancelled in 2013, Claman provided information regarding her income that she earned on the show. She said that she received $800,000 for the two seasons in which she appeared on the reality show. She told the media outside court that she was being sued for half of her assets, spousal support and child maintenance. She had to answer questions about how much of her earnings were derived from her daughter’s clothing store and how much members of her staff were paid.

Her present financial state is reportedly in stark contrast to the income she was yielding while on the reality show. She testified that she was currently in $148,000 of debt. She reported her monthly expenses at $50,000 which allegedly include three monthly mortgage payments and $6,000 for monthly credit card payments. She said that she had not yet earned any income in 2014 and that she wanted to run her catering company again. However, she reported that she lacked the necessary funds for equipment.

Individuals who are concerned that divorce may be looming in their future may opt to discuss their case and options with a family law attorney. In some cases, individuals can settle a dispute instead of litigating it in order to avoid the expense, time and lack of privacy that a trial might entail.

Source: The Province, “Real Housewives’ divorce trial plays out like, well, a reality TV show”, Susan Lazaruk, June 28, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370