Archive for year: 2015

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Is it possible to get a child support payment refund?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, December 29, 2015.

Sometimes things happen, and it is possible for one parent to have paid more child support that was ordered at that time. While these situations are rare, they can happen, and it’s normal to wonder what your options are. In most cases, if the child support order is ongoing, the extra payment will just be applied to the account, and you won’t be able to get a refund.

However, in the instance when you believe you have been paying too much child support because you have had a change in income status, there may be options. One of the most important things you can do as the payor on a child support order is to keep the child support agencies aware of your income and make sure that they have up-to-date information that reflects any new jobs, terminated employment or changes to salary.

If you have been keeping all of this information up to date, it may be possible to ask the courts to refund the overpayments. The easiest way to do this is to go ahead and draft an agreement between you and your ex and then present this to the court. However, it is also possible to petition the courts for a refund with an agreement; it will just be more difficult.

Getting a child support refund is not an easy process, and it is one where having a lawyer help you can be especially helpful. A lawyer can give you more information on how child support overpayments happen and how you may be able to pursue a refund.

Source: FindLaw, “Can I get a refund on child support overpayments?” accessed Dec. 29, 2015

Coquitlam BC Lawyers

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

Kelly Rutherford loses right to travel with children

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, December 24, 2015.

After more than three years, the custody battle between Daniel Giersch and actress Kelly Rutherford has come to a close. The couple has been involved in a heated custody dispute over their two children, now ages 6 and 9, since their divorce in 2012. At that time, Giersch had to return to Europe after there was an issue with his visa, and the judge in the case ruled the children could go to live with him since he would not be able to travel to the United States to see them.

The parents continued to disagree over the custody arrangement, however, with both sides accusing the other of parental alienation and making it difficult to have the court-ordered access to the children. The case came to a head earlier this year after the children had been in the United States to spend their summer vacation with their mother. At the end of the court-ordered visitation time, Rutherford refused to return the children.

It appears she had hoped that the U.S. courts would grant her custody of the children and allow them to come live with her again, but because she had moved from her original state of residence, the U.S. courts refused jurisdiction, officially sending the case to Monaco where the children have been living for the past few years.

The Monaco courts sealed their jurisdiction after they awarded Giersch full custody of the children and limited the actress’ visitation with the kids to Monaco or France. It is believed that the actress’ refusal to return the children earlier this year weighed heavily in this decision because she proved she could not be trusted to abide by the court order.

This very long and complicated case is a good example of everything that can happen when you are dealing with international custody cases. It also shows why it is important to always abide by the standing court orders and go through your lawyer to make and file for a modification.

Source: Cambridge Times, “Kelly Rutherford will ‘do better’,” Dec. 16, 2015

Lawyers Coquitlam BC

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

Property division and the collaborative process

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, December 16, 2015.

One of the most challenging but more important aspects of a divorce, or separation in the case of a common-law relationship, is the property division process. During the course of your relationship, you and your ex probably acquired many different kinds of property, from everyday household items to bigger assets like vehicles and real estate, that must be divided equitably. While a standing marriage or cohabitation agreement can make this task more straightforward, there are still many couples who choose not to sign these contracts prior to the relationship.

While many separating couples end up having the Canadian family courts decide who will get what, others are able to come to an agreement between themselves and present it to the court. This is often done via mediation or arbitration and can be one way to retain more control over your divorce proceedings and end up with an agreement that works for both of you.

Even though both of these are collaborative processes, a lawyer can be an invaluable asset during this time. It’s crucial to have a lawyer read over and evaluate any divorce agreement before you submit it to the courts for review. Doing this can make sure you have gotten what the law entitles you to and can help you spot and deal with issues that could cause problems later on.

However, if you and your ex-are not able to come to an agreement outside of the courts, a lawyer can help you prepare for your case to go to trial. It’s important to be aware of the different court procedures and how long a divorce settlement can take.

Real Estate Lawyer Coquitlam

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

How is excluded property defined in the Family Relations Act?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, December 14, 2015.

In a divorce in British Columbia, it is important to determine what the court will consider excluded property in terms of property division. The Family Relations Act of British Columbia defines excluded property as it pertains to property division. Because one or more of these definitions might affect whether you are granted ownership of certain property during your divorce or whether your ex-spouse gets to keep it, it’s important to understand how the court will view it.

  • The following types of property are not considered family property:
  • A spouse’s inheritance
  • Property a person acquired before beginning a relationship with his or her spouse An award or settlement of damages for injury or loss that was awarded as compensation to a spouse. However, if the award or settlement is for compensation for a spouse’s lost income or losses suffered by both spouses, then it is considered family property.
  • Beneficial interest in property belonging to one spouse that is held in a discretionary trust. However, if the other spouse contributed or another person besides the spouse settled it, then it is considered family property.

These are just a few examples of excluded property. If a spouse claims to the court that some property is excluded property, it is up to him or her to prove to the court that the respective property is actually excluded property.

As you can see, the division of property in a divorce can be complex, especially if there are substantial assets involved. The best way to decide if the specific property will qualify as an excluded property is a lawyer make a determination.

Coquitlam Real Estate Lawyer

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

How can I make coparenting easier during the holidays?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, November 30, 2015.

The holidays are an exciting time for young and old alike as the magic of the season bring the year to an end. This is usually a time for family traditions and seasonal get-togethers, but if you and your ex-are divorced, it can make figuring out how to handle the holidays with children challenging. Children can often feel caught between their parents during this time, but taking a few simple steps can help you navigate co-parenting the holidays with ease.

Almost all couples who are divorced with children have some type of formal schedule for parenting time. This is usually done to ensure the children get enough access to both parents, and it also helps decrease communication issues and conflict between the parents as well.

However, the holidays are a time when you may want to be more flexible if your situation allows for it. If you are on good terms with your ex, it might make sense to talk about how you want to handle the holidays and any special gatherings and make a parenting schedule that best fits that plan. As always, try to put this in writing for easy reference for both sides.

It’s also important to remember that the focus should continue to remain on the children. If you want your children to accompany you to your employer’s annual Christmas party but they’d rather go pick out a tree with your ex, it might be best to let the children pick. It’s important during this season to always pause and honestly evaluate your decisions to ensure they are in the best interests of the children.

Source: The Huffington Post Canada, “3 Tips For Creating Joyful Holidays As Co-Parents,” Anna Giannone, accessed Nov. 30, 2015

Real Estate Lawyer Coquitlam BC

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca/

Facebook may come back to haunt you when your marriage ends

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, November 27, 2015.

When you’re married, you may decide to use Facebook for fun, just to connect with people. When you’re getting divorced, you may keep using it as both a way to share information and to vent. However, when you step into the courtroom, these posts could come back to haunt you.

For this reason, lawyers often caution clients not to use their various social media sites, if they can help it until the case is over.

As an example, take a look at it from the other side. Imagine you are trying to get child support from your spouse. He or she says there’s just not enough money to pay as much as you want or to pay at all. However, Facebook is covered in pictures from a trip to the Caribbean or status updates showing that your spouse loves the new BMW 5-Series.

These expensive purchases can be used as evidence of how much wealth exists. They could even lead to investigations if it appears your spouse lied about what he or she earns.

Another issue could be with the right to raise children. You may want to be solely in charge of this, but your spouse could turn to Facebook to show that you’re not going to be a good parent. With just a few posts, it’s easy to skew things so that it looks like you travel too much, party too much, or take on behaviors that could put the kids at risk.

Now, this may not be fully accurate, but it may only take a few Facebook pictures to sway a decision.

If you’re getting divorced, be sure you know what the law says about Facebook and how it may be used.

Source: The Huffington Post Canada, “How Facebook Can Be Used Against You in Divorce Court,” Christine Marchetti, accessed Nov. 27, 2015

Coquitlam BC Real Estate Lawyer

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca

British Columbia ends clawback program

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, November 20, 2015.

In the past, single parents residing in British Columbia faced issues if they were both receiving child support payments and government assistance. That’s because officials were deducting the amount the parent was receiving in child support from what they would have received through government assistance. For instance, if a parent qualified for $125 a month in government assistance but was also getting $50 a month in child support, the government assistance would automatically be reduced to $75 a month.

Many claimed that this unfairly penalized low-income single parents, and it appears that the government finally agreed. The budget released on November 10 showed that the so-called “child support clawback” would be discontinued. Once the changes are implemented, single parents on assistance will get any child support payments made to them as well as the full amount of assistance they are entitled to through the government programs.

According to reports, the changes are set to positively affect over 3,000 families and around 5,400 children in the province. While critics are quick to point out that the changes are expected to cost the government an estimated $13 million a year, many supporters say it is stepping in the right direction.

Any time there is a change in government policy or procedure as it relates to child support or any other issue, it’s normal to be confused and want to be clear about how this will affect your situation. Talking with a lawyer can help you be better prepared to deal with any changes that may affect you and help you get more information so you can move forward with confidence.

Source: Global News, “B.C. ends child-support clawback for poor parents,” James Keller, accessed Nov. 20, 2015

Divorce Lawyer Coquitlam

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

Court harassment: What you need to know

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, November 13, 2015.

Many divorces, separations or even just custody disputes between never-married couples can get very heated, causing the parties to act in ways they maybe wouldn’t normally. It often doesn’t take very long for one party to start trying to use the family courts as a way to punish the other party. When this happens, it may escalate to the level of court harassment.

In simple terms, court harassment is when one party abuses the legal system in an attempt to cause the other party undue emotional stress, damage the other party’s reputation in the community or cause the other party damage financially. Any of these things can and do happen to some degree in most divorce and custody cases, but when it reaches the level of abuse to one party, it moves into harassment territory.

One example of court harassment is using the victim’s fear of having to involve the courts to threaten them into doing what the abuser wants. In this situation, the courts become an intimidation tactic. Someone engaging in court harassment may also file false reports, bring trivial issues to the court, use the other party’s health issues to embarrass him or her in court or ask for repeated continuances in an attempt to cause the victim ongoing financial and emotional stress.

If this sounds like an issue you are currently dealing with or have had to deal with in the past, it’s important to discuss your situations with a lawyer. Once someone has started to engage in court harassment, it is often an ongoing cycle. Talking with a lawyer can help you be better informed on your options for stopping court harassment.

Source: Family Law in British Columbia, “What if your ex is harassing you through the courts?,” accessed Nov. 13, 2015

Coquitlam Divorce Lawyer

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

Billionaire’s divorce finally settled

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorceon Wednesday, November 4, 2015.

High-asset divorces come with their own unique set of issues. Because of the world’s fascination with the wealthy elite, it’s also common for these divorces to play out in the public eye at least to some degree. This can mean that the couple’s private marital issues and their financial standing end up being discussed by the public at large. Such was true for one Russian couple who reportedly just finalized what was known as the “most expensive divorce in history.”

The couple’s divorce took six years to come to an end, and the final settlement remained undisclosed as the time of reports. However, the long legal battle caught the attention of the international media as people across the globe watched to see what would happen. According to reports, the Russian billionaire involved in the divorce has a net worth of $8.5 billion and is the 165th richest person in the world, as of 2015.

According to reports, the divorce was a contentious one, starting with the wife’s filing. The man was reportedly notified of the divorce petition at a New Year’s party after it was brought to his attention that his assets had been frozen. The man’s wife alleged that infidelity played a role in her decision to file for divorce. The divorce proceedings went on for years and were heard in several different districts. The wife was originally awarded $4.5 billion in the divorce settlement, but this was reduced to just less than $600 million after the husband decided to bring it to an appeals court.

In high-asset divorce, appeals are a common occurrence, and, as shown here, are important not to be discounted. Understanding how settlement decisions are made in these cases and who has the right to appeal is an important part of protecting your financial interests.

Source: Forbes, “The Saga Of Russian Billionaire Dmitry Rybolovlev’s $4.5B Divorce Comes To An End,” Agustino Fontevecchia, Oct. 20, 2015

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

A child’s best interests means more than blood ties in Canada

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, October 26, 2015.

As we discussed last week, the best interests of the child are the primary factors that helps to determine child custody issues. There are several points that are considered when the court is trying to determine the best interests of the child. These points are laid out in the Children’s Law Reform Act. We know that trying to figure out how this law applies to your case might be challenging. We are here to help you learn about the law and how it applies to your situation.

The points that the court considers when making a decision about a child custody include:

— Plans for the rearing of the child

— Stability of the environment of the home

— Emotional ties between the adults and the child

— Ability to provide guidance, necessities of life and education

— Preference of the child if the child can make them known

— Ability to accommodate for special needs

Those factors are considered for anyone who is claiming a right to have custody of the child. The adult might be a mother, father, same-sex spouse of a biological parent or any adult who meets the requirements set forth for qualifying as a parent. Child custody can be awarded to someone who isn’t related to the child by blood because the Supreme Court of Canada ruled that the child’s best interests trump blood ties.

We know that all of this can be a lot to take in. If you are in the midst of a custody battle or think that one is forthcoming, we can help you to learn your options for seeking custody of the child.

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