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Child support can be court ordered or agreed upon by parents

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, September 28, 2016.

Providing for your child is a priority for most parents. If you and your child’s other parent divorce, the parent who doesn’t have primary custody of the child might need to pay child support so that the child can have the financial support he or she needs. There are two ways that you can come up with a child support payment plan — working with your ex or having the court decide.

The primary concern when coming up with a child support agreement is that it is a fair agreement that puts the child’s needs first. What is considered fair can be impacted by how you come up with the plan. If you and your ex-work together, there is more room for negotiation about the amount of support that will be paid. If the court decides, the court must use the Divorce Act Section of the Federal Child Support Guidelines.

Coming up with your agreement about child support might be the way you choose to handle this aspect of child custody. If you do this, make sure that you get the support agreement in writing. Not only does this provide you with a document to turn to for clarification, but it also provides you with proof of the agreement if you have to turn to the court for enforcement.

It is possible to change a child support agreement once it is made. If you and your ex-came to the agreement, you can work together to draft a new agreement. If the court ordered the child support, you could turn to the court to modify the agreement. In either case, you should make sure that you understand how the law applies to your case.

Source: Department of Justice, “Child support agreements,” accessed Sep. 28, 2016

Coquitlam Lawyer

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

Child custody matters are emotional but a clear head must prevail

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, September 23, 2016.

In our most recent blog post, we discussed how sperm donations could impact child custody matters. That is only one of the factors that can be a part of child custody decisions. If you are facing a child custody case for any reason, you should know your rights and responsibilities.

Thinking of sperm donors, it is possible that some of them thought that they were protected from child custody and child support matters because they only provided the sperm. If they didn’t take steps to ensure that they wouldn’t be responsible for child support, they might find that they are fighting a child support case. We know that this is the last thing you want if you donated sperm, but it is sometimes what happens.

Even if you did naturally have a child, you might be surprised to find out that child custody and child support can become a part of your life even if you don’t want contact with the child. Of course, the court can give you child custody orders, but you might not want to follow the order. You might not want to get your child. It is unlikely that you would face any legal repercussions because of that; however, you would face legal ramifications if you only decided not to pay the child support you are ordered to pay.

Issues that are related to child custody and support are often emotional issues. We can look at the case without the emotional involvement and give you our opinion of what options you have. We should get this done as early in the case as possible.

Coquitlam BC Lawyers

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

How does sperm donation affect child custody?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, September 16, 2016.

Sperm donation is becoming more and more common for people who want to start a family and are unwilling or unable to do so naturally. For the sperm donors and the people who are inseminating, it is crucial to fully understand the type of donation and insemination that is being done so that they can ensure they are prepared to deal with the legal ramifications of the option.

What types of sperm donation are possible?

Two types of sperm donation are possible — anonymous and known. The sperm recipient doesn’t know the donor in an anonymous donation, and the child could contact the donor when the child turns 18 years old. The sperm recipient knows who the donor is a known donation.

What type of arrangements is possible for sperm donation?

You can choose sperm donation through a licensed fertility clinic or a private donation. If you go through a licensed fertility clinic, the sperm donor doesn’t have any involvement in the child’s life. The donor’s name isn’t on the birth certificate. In a private donation, the sperm donor carries all of the responsibilities of having a child, including the right to be a parent of the child.

In Canada, a child can only have two parents from a legal standpoint. This, however, doesn’t mean that you should skip a co-parenting agreement if the sperm donor has a role in the child’s life. The co-parenting agreement lays out the roles of each person in case there is a disagreement over something in the future. Before you enter into a co-parenting agreement or sperm donation, be sure you understand the relevant points of Canadian law and how they affect you.

Source: Co-Parent Match, “Search for Sperm Donors in Canada NOW!,” accessed Sep. 16, 2016

Coquitlam BC Lawyer

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

Can criminal charges impact a family law case?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, May 24, 2016.

Those who have made some mistakes in the past often worry whether criminal convictions or even charges may be held against them in a custody case. The short answer to this question is maybe, but it really depends on the nature of the charges, what happened in the criminal courts and when the offenses occurred.

For example, convictions related to family violence, assault, or drug or alcohol-related offenses may impact your chances of being named a guardian by the British Columbia family courts. It’s important to note that the Family Law Act means that parents are not automatically considered guardians by the courts. This is most applicable to a situation where the parents were never married and the child has been living with one parent.

In these cases, the nonresidential parent will need to show that being named a guardian is in the best interests of the children. If the parent is a guardian, they will have parental rights and responsibilities. If not, they will usually be limited to “contact time” specified by the courts.

Your ex can and may bring up your criminal record or pasts arrests in an attempt to show that you should not be granted custody. However, this doesn’t mean that you are without options. If the convictions are not related to family violence or other violent offenses and there is no danger to the children in your care, you may have a good case to present to the courts. It’s important to talk with a lawyer and be completely open and honest about anything in your past that may come up.

Source: The Continuing Legal Education Society of British Columbia, “An Overview of the Intersect between the Family Law Act, Criminal Code and the Ministry of Children and Family Development,” accessed May 24, 2016

Lawyer Coquitlam

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

Post-divorce planning: Spousal support and settlement payments

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorceon Thursday, May 19, 2016.

High asset divorces often involve substantial settlements as well as long-term spousal support. It’s normal to get caught up in how much you will be paying or receiving, but there are other important details that you should be sure you understand before you agree to anything.

If you are the party receiving a bulk payment or spousal support payments as part of the divorce settlement, it’s important to understand how this money will affect your financial future. Planning is critical. Questions to ask your lawyer include when you should receive any bulk payments, such as your share of your ex’s retirement account, how long the spousal support will continue and what to do if your spouse doesn’t make these payments as he or she has been ordered to do.

For those making the payments, understanding the timing is also crucial. In some cases, you may need to make a bulk payment to your ex as soon as just a few weeks after the divorce. Some people think that their ex’s share of the retirement assets doesn’t get paid until the person actually retires, but this isn’t usually true. Knowing when the payments are due is just as important as knowing how much they will be.

Sometimes people get caught up in the fighting part of the divorce and don’t adequately prepare for what life will look like when the papers are finally signed. If you have questions about what your settlement means for your future or what to do if you think a proposed settlement is unfair, we can help.

Lawyers Coquitlam

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

What is Parenting After Separation?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, May 13, 2016.

Divorce mediation can be an excellent option for parties who want to end their relationships but without all of the fightings. The mediation process can be especially helpful and beneficial for divorces or separations involving children. The less strife and contention surrounding the divorce, the easier it may be for the children to transition.

However, what happens when the divorce settlement is almost ready to be signed? How can you keep that atmosphere of teamwork and looking out for the best interests of the children as you move into your new lives? One of the things that the family courts believe can help with this is taking the Parenting After Separation session, which is required for most divorces with children.

Most people are required to take the Parenting After Separation session early on in the divorce process. However, there are some exceptions. If you are filing a consent order or have applied for a protection order you may be automatically exempted. Other situations that may result in an exemption include an immediate risk to you or your child’s safety, the presence of a serious health problem or you have taken the session already within the past two years.

The Parenting After Separation session will help you learn how to extend the respect and civility of the mediation process to your new family dynamic after the papers are signed and everything is finalized. It may also help you and your ex-understand the importance of working as a team to successfully co-parent your children. If you have questions about the Parenting After Separation session or the divorce mediation process, we can help.

Source: B.C. Government, “Do I have to take Parenting After Separation?” accessed May 13, 2016

Lawyers Coquitlam BC

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

Prepare for the decisions that come with child custody matters

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, April 29, 2016.

Child custody cases usually have very sensitive elements to them. These cases must always place the child as the priority, which is what parents usually want. Still, each parent likely has a different idea of what is best for the child. In these cases, we must come to an agreement about child custody so that you and your ex can move on with life and trying to make sure your child has a good childhood.

Just because you and your child’s other parent aren’t in a relationship any longer doesn’t mean that you can just ignore each other. Instead, you have a lifetime of working together ahead of you so that your child can thrive. Generally, you and your ex would both be the child’s guardians. This means that you will have to decide on various points about the child’s upbringing.

When you create a child custody agreement, you are making the backbone of your relationship with your child. You have to agree upon who will make the decisions about your child’s cultural upbringing, health care, and education. You also have to decide where the child will spend each holiday and where the child will live.

One of the most important things that you must remember when you are trying to work through matters relating to the custody of your child is that you have to be willing to compromise on some points. When you are preparing to start working on the custody arrangements, you should make a list of what points you will remain steadfast on and which ones you will negotiate.

Law Firms Coquitlam

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

Does what I post on social media matter?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, April 14, 2016.

When you begin going through divorce proceedings — or just a custody battle in the case of unmarried parents — you begin questioning everything you do and day and wonder if and how it may affect your case. And rightly so. When you are involved in family court proceedings, everything is under scrutiny. With technology increasingly becoming a part of our daily lives, it’s easy to post something that could be used against you in court without even realizing.

The two main areas where a party’s social media posts can be problematic in the courts are when it comes to finances and child custody. Unfortunately, it’s quite common for people to try to lie about their incomes or attempt to hide assets. Maybe you know how much money your ex-makes a year, but he never told you about last year’s Christmas bonus. Social media posts that show a lifestyle inconsistent with the financial declaration in the case or that mention additional, unreported funds or assets can mean big problems.

Social media can also have a major effect on child custody cases. When you are involved in a custody battle, everything is fair game, from the pile of dirty dishes in your sink to who you went out on Friday night. Photos are especially easy for a lawyer to spin to their client’s best interests in a courtroom. When in doubt, don’t post it.

If you think you have posted on your social media accounts that could be used against you in court proceedings, it’s important, to be honest about it to your lawyer. Your legal team needs a full understanding of the situation to best represent you.

Source: The Huffington Post, “How Facebook Can Be Used Against You in Divorce Court,” Christine Marchetti, accessed April 14, 2016

Law Firms Coquitlam BC

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

What qualifies as an extraordinary expense?

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On behalf of Laughlin & Company Lawyers, Mediators posted Child Support on Wednesday, March 2, 2016.

When a child support order is put in place, it takes into consideration a variety of factors. Everything from the parents’ current incomes, any annual bonuses, children either parent is already supporting not covered by the court order and the children’s expenses are all part of the calculation. While the child support order is to pay for the vast majority of the children’s expenses, there may sometimes be special or extraordinary expenses that need to be taken into account.

The most common of these is health care expenses. While regular doctor visits and routine care may not need special negotiation, things like orthodontia are extremely expensive, and it can be unfair for the custodial parent to shoulder most if not all of the responsibility for that burden. Other situations may be when a child requires ongoing treatments or care for a chronic illness or mental health issue.

It is best to anticipate these situations and go ahead and make provision in the court order at the time it is established. In most cases, the courts — if they approve the extraordinary expenses — will split the costs according to a certain percentage depending on each party’s income. However, you and your ex can also choose to split the amount 50/50 or another way and ask the courts to approve your agreement.

If you have questions about what special or extraordinary expenses may be and how to make sure these are covered with a court order, an attorney can help. Gathering more information on your options and what the law allows in British Columbia is the first step.

Source: People’s Law School, “Child Support in BC,” accessed March 02, 2016

Lawyers Coquitlam

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

British Columbia ranked best for common law relationships

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, February 17, 2016.

While common law relationships are not recognized in every province in Canada, a recent news article covering those that do rank British Columbia as the most “common-law-friendly province.” This was mainly because of how quickly cohabitating couples are considered to be part of a common law relationship.

Under the province’s laws, once a couple has lived together for two years, they are considered to be in a common law relationship. This means that the parties have the same rights as married couples and are governed by the same debt and asset division guidelines in the event the relationships dissolves. However, many people in these relationships may not be aware of these rights.

In today’s society, it’s not unusual for dating couples to live together for a few years before deciding to marry. In these situations, the parties may not even be aware that they are technically in a common law relationship. This means that if/when the relationship ends, it’s easier for one person to end up with most of the assets or more than one’s fair share of the debts.

One of the most important things you can do to protect your rights and interests when a common law relationship or marriage is ending is to understand how the laws apply to your case. Talking with a lawyer about your situation as well as your wants, needs, and expectations can help you be better prepared as you go through the court process. Understanding the steps also helps you develop adequate expectations on how long the process is likely to take and what you may end up with at the end.

Source: The Canadian Press, “Common-law couples can be ‘woefully ignorant of their rights’: lawyer,” Melanie Patten, Feb. 11, 2016

Lawyer Coquitlam

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