Archive for month: September, 2014

You are here: Home / Outsized expectations may lead to will disputes in British Columbia / 2014 / September

How can a parenting plan help after divorce?

/in /by

On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, September 26, 2014.

Some residents of British Columbia may have an interest in learning about the creation of parenting plans after separation or divorce. Although it can sometimes be difficult for parents to come to such an agreement after their separation, doing so may be necessary for the well-being of any children whom they may have.

For example, ensuring access to quality health care is often one of the most important considerations for a child’s parents to resolve. It may be necessary to decide how one parent will inform the other in the event of an emergency and which parent will be charged with caring for the child when they are ill. Similarly, parents might need to decide where a child will attend school and which parent will be responsible for attending the related academic functions. Decisions regarding religious instruction and upbringing might also be an area of contention for some parents.

Even in situations where the parents’ personal relationship with one another has been damaged, a parenting plan may remain a necessity. Indeed, such a plan can even simplify and limit parental interaction by clearly stipulating one another’s expectations in given circumstances and clarifying what aspects of a child’s life for which each is responsible. In this way, a parenting plan can further facilitate life after divorce and reduce potential complications.

Although the end of a marriage can bring a sense of freedom, the presence of children can inherently require a degree of continued contact between former spouses, which may not be entirely welcome in cases where the separation was less than amicable. Lawyers could help in the development of a parenting plan that is tailored to the individual circumstances of those involved. A well-crafted parenting plan may further the best interests of the child and help ensure that each parent continues to cultivate their mutual relationships with the child.

Source: Government of Canada Department of Justice, “Parenting Plan Checklist“, September 23, 2014

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

Examining the types of child custody in British Columbia

/in /by

On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, September 16, 2014.

British Columbia parents may be interested in an article discussing the types of child custody available through the court system. Knowledge of these different arrangements may be useful when negotiating a custody agreement with a former spouse.

Under the federal Divorce Act, when a couple who has a child together divorces, they will apply for custody of that child during the divorce process. The term custody refers to the right to spend time with a child and the right to take part in the major decisions in a child’s life. There are three major types of custody. The first is sole custody, which allows only one of the child’s parents to make important parenting decisions. The child generally lives with that parent most of the time as well.

Another type of custody is known as joint custody. Joint custody involves both of the parents in the major decision-making and parenting time to varying degrees. The amount of parenting time does not have to be equal in these arrangements. Decisions about the child’s upbringing, however, generally require the consent of both parents. When each parent spends at least 40 percent of the time responsible for the child, this is known as shared custody. Lastly, split custody is a situation where there is more than one child, and some live with one parent while others live with the second parent.

Decisions regarding child custody and living arrangements are either made through agreement by the parents or by a court. The court seeks to serve the best interests of the child. A lawyer may be able to help throughout the child custody process, either by negotiating an agreement on behalf of one parent or representing them in front of a judge.

Source: Family Law in British Columbia, “Custody“, September 15, 2014

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

Determining child support in British Columbia

/in /by

On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, September 12, 2014.

Child support is the financial support that a parent is obligated to provide to the other parent for a child. Individuals who have a parent-like relationship, such as a stepparent, may be obligated to provide this support whether or not a couple was married or of the same sex. Whether child support is paid and how much is to be paid can be determined by an agreement between parents or pursuant to an order from the court.

If child support is owed, the court will use child support guidelines to determine the amount that the paying parent is responsible for providing. In general, payments are decided based on the income of the parent paying support and how many children are being supported, though certain exceptions, such as the costs of daycare or special medical treatments, may alter the amount of support that someone is obligated to provide.

Once a child support order has been established, it can be modified. There are situations where it may be necessary to change the amount of support provided, either by altering an agreement already in place or through the courts. These modifications are commonly made pursuant to an increase or decrease in a parent’s income or a change in the living situation of the child.

If someone is seeking child support or to have an existing child support order modified, the process can be complex and based on a variety of factors, including the income of the parent obligated to pay support and any special circumstances. A lawyer could assist someone with these legal issues by explaining the guidelines for determining child support and how the court uses the guidelines.

Source: The Canadian Bar Association, “Child Support “, September 11, 2014

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

Learning about division of property

/in /by

On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, September 10, 2014.

British Columbia has certain default provisions in place to help establish how marital assets can be fairly distributed between each spouse in a divorce. For spouses who do not wish to resort to these default rules, a prenuptial or postnuptial agreement may be put in place. In the absence of such an agreement, marital property and debt must be divided according to established rules.

One general rule is that nearly every type of asset is subject to division, including the increased value of assets that were owned before a spouse was married. There are a few exceptions, however, such as inheritances or gifts that were received from a party other than the other spouse. While courts are bound to adhere to default rules in many situations, spouses may be able to reach an alternative agreement that works best for them through the process of mediation or private negotiation. In addition to dividing specific assets, spouses may also consider whether spousal support should be included in their agreement in order to help compensate for the non-financial contributions of one of the spouses.

One of the most important components of the divorce process is evaluating assets that must be divided so that each spouse winds up with about the same value of assets as the other. Certain assets may be more difficult to evaluate, such as businesses. Our firm focuses on other practice areas, such as commercial law and estate planning, so we are able to consider how different financial arrangements may affect clients’ lives in the future.

Dividing property can be a complex process that may require the testimony of experts regarding the value of certain assets. If you would like more information on the legal rules regarding the division of property, please read our page on this topic.

Source: Laughlin & Company, “Division Of Property“, September 04, 2014

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

How property and debt are divided when spouses separate

/in /by

On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Tuesday, September 2, 2014.

When British Columbia spouses separate, their property and debt is divided according to the Family Law Act. Generally, each spouse receives half of the family property and half of the family debt. Family property includes such things as bank accounts, business interests and pensions. Some property is excluded, although it does include increases in the value of the excluded property that occurred during the relationship.

Excluded property is property that a spouse owned at the beginning of the relationship. Examples include inheritances, gifts and court awards. Excluded property belongs to the spouse who brought the property into the relationship, and it isn’t divided. Debt is handled in a similar way, meaning that family debt is usually split 50-50 upon dissolution of a relationship, but individual debt is not.

A spouse is defined as one of the partners in a marriage or a marriage-like relationship existing for two or more years. When spouses divorce or separate, they have two years to ask a court for a division of property and debt. Although courts usually divide property and debt evenly, they can elect a different methodology that is perceived to be more fair and equitable. Spouses can also create their own property division agreement.

The division of property and debt can become complicated, especially in cases where the value of the assets has grown during the marriage or where one or both spouses own significant business interests. While courts usually divide property and debt equally, a couple is free to devise their own plan or to develop one during mediation. A spouse who needs assistance with dividing property and debt may want to use the services of a lawyer who has experience in family law.

Source: The Canadian Bar Association, British Columbia Branch, “Dividing Property and Debts “, August 28, 2014

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