Archive for month: June, 2015

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Know the grounds for divorce in Canada

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Friday, June 26, 2015.

When you want to get a divorce, there are a few things you’ll need to do. The main thing is providing evidence that you have the grounds for divorce that fall under the federal guidelines. In Canada, one of the three grounds for divorce is a one-year separation. During the last 365 days, if you haven’t lived with your spouse in the same home, you can apply for your divorce without any other reason.

If that option won’t work for you, you have two others to choose from. If you can prove adultery took place or cruelty is the cause of your divorce, those are also grounds for divorce. Generally speaking, most Canadians move forward by separating for a year, and during that time, they work through issues like how to divide assets or working out spousal support payments.

During the separation term, you can work out a separation agreement with your soon-to-be ex. If the agreement works out well for you, it can eventually be used in your divorce as your guideline for asset division, child support and other important decisions.

You don’t need to get a divorce if you want to live separately, but if either of you ever want to marry again, it’s necessary to do so. You can reach a settlement and divorce privately, or if you can’t decide in private, you can go to court and have a judge do so for you.

Our website has more information on divorce in Canada and how you can avoid a drawn-out divorce. With a year between filing and getting a divorce, you can make the best of it with mediation and a separation agreement, so you can have a speedy divorce as soon as you’re legally able to.

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

Child support in arrears: Getting compensated with interest

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, June 16, 2015.

Have you been suffering and struggling to pay for the things your child needs because your ex-spouse’s child support payments are in arrears? The Family Maintenance Enforcement Act (FMEA) Regulations in Canada discuss how you can collect these funds and how they’ll be treated, so you know how much money to expect. For instance, did you know that the Family Maintenance Enforcement Program (FMEP) can charge daily interest on unpaid maintenance? If the payor is receiving income assistance, that won’t be charged, but otherwise, the maintenance fees will continue to rise.

When interest is added to the bill, it goes onto the gross bill at the end of the month. Then, that amount becomes the amount owed to the recipient. The next month, the interest is charged again on the full amount, charging even more over time. It’s possible for a payor to request that the court reduce or eliminate interest on late payments, but it’s the court’s decision on whether or not the interest is grossly unfair in the individual situation.

As a recipient, the good news is that when the payments are made, the interest, if it’s not reduced or dropped, will be paid to you, not to the Canadian government. This means that when you’re finally paid, you’ll actually receive more money than you were expecting in the first place.

Supporting a child on your own is hard enough, but these funds should be provided to you as designated by the court. If you have trouble accessing them, then FMEA is there to give you a way to seek that compensation.

Source: British Columbia Ministry of the Attorney General, “A Guide To The Family Maintenance Enforcement Program,” accessed June 16, 2015

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

Tips for a divorce that you can agree with

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Tuesday, June 9, 2015.

A divorce isn’t something most people plan on going through, but if you have to, you want to make sure you get what you deserve out of your marriage. If you want to have a successful divorce, then there are some tips you can follow.

First of all, you should make sure you gather as much information about your options as possible. Don’t go into your divorce without knowing what you deserve out of it, because you could be left regretting the decisions you make. You need to make objective decisions, which is why many people hire lawyers.

Next, don’t expect too much. It’s not likely that you’ll get 80 percent of the assets in the divorce if you didn’t contribute to them, although it’s possible. Try not to base your expectations on your emotional wants; this could leave you feeling like you were slighted when the divorce was actually fair. To help get you your fair share, make sure you’re honest about your assets with your lawyer, and don’t make deals or agreements without consulting an objective source first.

Try not to focus on the present; instead, focus on the future and how this divorce settlement will affect you in five or 10 years. This can help you make smart financial decisions and allow you to understand the value of the decisions you make at this point in your case.

By following these tips, you can make smart choices based on facts and objectivity instead on your emotions. Manage your expectations, and you may find your divorce moving smoothly.

Source: Huffington Post, “8 Insiders’ Tips for a Successful Divorce,” Elinor Robin, PhD, June 08, 2015

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

How is paternity determined in Canada?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, June 4, 2015.

As a father, you want to know that you have the same legal rights as your child’s mother. If you’re married, you automatically receive those rights, because it’s assumed that you’re the father of a newborn child. However, if you aren’t married to the mother of your child, then you will need to prove your paternity.

Establishing your paternity is an important step toward raising your child. Once you’ve done this, you can break up from the mother, if you want to, and you’d still have the legal right to see and care for your child.

If you decide to marry the mother of your child after your baby is born, you can sign a form to show that you are taking the responsibility of being the child’s father. This form guarantees you the same rights as a father who was married at the time of a baby’s birth. If you’re not interested in marriage at the moment, you can establish paternity voluntarily by signing paperwork with the mother of the child and turning it into the court. If the father won’t sign but is the legitimate father of the child, legal action can be taken to establish his responsibility as the child’s father. The most common method of establishing paternity at any time in Canada is with the use of a DNA test.

If you believe you’re the father of a child but haven’t been able to sign a form to say so, you have a few options. If the mother agrees, the form is simple to file. If not, you could ask the court to take a DNA test to approve your rights to your child. You have the right to seek help from the court if a woman is withholding your right to see if the child is yours.

Source: FindLaw, “Chronology: Establishing Paternity,” accessed June 04, 2015

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