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Child poverty in Canada has child support connection

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A happy family currently going through a divorce case with our Laughlin and Company lawyers

On behalf of Laughlin & Company Lawyers & Attorneys Mediators posted in Child Support on Monday, August 28, 2017.

Single parents often have a tough time financially. The fact that child support payments are taken off social assistance cheques in Canada doesn’t make it any easier. Some single parents even find it difficult to pay rent, let alone to properly care for their children.

Child poverty is a problem in Canada, and British Columbia is no exception. In fact, B.C. takes first place in the nation with almost 18 percent of children in the province living below the poverty line. In a province that is known for being financially well off, lobbyists say parents should not have to pawn their children’s toys to get them shoes or to buy fresh produce. Single-parent families living on or below poverty levels should not have child support funds deducted from social assistance funds they receive — something most provinces do.

The British Columbia government lets those on social assistance keep some income over and above whatever the province gives them, but it will not extend the same regarding funds a person (usually a woman) gets from a parent who provides child support. So, earned income is exempt to a certain point but not if it comes to child support. Critics of the policy say this is nonsensical.

Yet, children have rights under Canada’s Charter of Rights and Freedoms. Some argue this policy violates those rights. Those who aren’t on social assistance and who have children get benefits from child support payments. Children whose parent are on assistance don’t reap those benefits.

British Columbia residents dealing with child support issues may do well consulting with a lawyer experienced in family law in Canada. A lawyer can provide invaluable guidance when it comes to legalities governing child support. A compassionate lawyer will do all he or she can to help with any problems.

Port Coquitlam Lawyers

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

Source: theglobeandmail.com, “Why has B.C. failed to address its child poverty problem?“, Gary Mason, Accessed on Aug. 25, 2017

Can a parent with child custody relocate at will?

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Two siblings stand on the stairs.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, May 9, 2017.

British Columbia parents who are divorced may manage to establish schedules for parenting time and visitation that benefits the children, and it may all work out well — until the time comes that the custodial parent wants to relocate. A parent with child custody cannot just pack up and move to another city, province or territory. If the parents cannot agree on the relocation, the court will have to decide whether the move may take place.

The primary concern of the court will be the best interest of the child. When making this decision, the court will consider the current custody arrangement and the existing relationship between both parents and the child. The views of the child may be considered — depending on the child’s age and maturity. The disruption in the child’s life with relation to education, relationships and his or her place in the community will be considered.

The custodial parent will have to prove that the intended relocation is for the benefit of the child rather than simply his or her own interests. If the parents can come to an agreement and work out a modified visitation schedule, the court will likely approve it. However, it is important not to relocate with only the other parent’s verbal consent. Getting the court’s authorization can prevent litigation in the future.

Divorced British Columbia parents who want to relocate may find it helpful to consult with an experienced family law lawyer. In addition to explaining the child custody laws related to the proposed relocation of a parent, the lawyer may be able to assist with negotiations or even arrange for a family law mediator to facilitate such negotiations. The lawyer can advocate for either the custodial or the access parent while also protecting the best interests of the child.

Port Coquitlam Lawyer

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

Source: FindLaw Canada, “Can custodial parents move their children?“, Miriam Yosowich, Accessed on May 9, 2017

Disagreements about money not limited to a high-asset divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Tuesday, April 18, 2017.

Disagreements related to finances cause a significant number of marital problems in British Columbia. Regardless of whether it is a high-asset divorce or a middle-income couple’s divorce, money often brings contempt. It has been suggested that many couples go for marriage counseling when financial counseling is what they really need.

The importance of having a money talk before the wedding is often emphasized. Not doing so could lead to disastrous consequences for couples with markedly different ideas about financial management. Some understanding and compromise will be necessary when two people from different socioeconomic backgrounds come together to share one budget. One may be a big spender while the other partner might have lived a life of saving and strict budgets.

Some advisors suggest that couples may do well to share the financial responsibilities and work together when budgeting and balancing finances to avoid any mistrust if only one spouse takes responsibility for managing family finances. Furthermore, many advise that a bank account for household expenses and other mutual financial obligations should be shared. It is often said that most financial problems in marriages stem from the lack of continuous open discussions about finances that ultimately lead to suspicion and doubt.

It is therefore not surprising that many divorces in British Columbia involve allegations of hidden assets by one of the spouses — especially if it is a high-asset divorce. The answer to such a situation would be to secure the services of an experienced legal aid attorney whose skills include the ability to seek and identify hidden assets. The attorney can protect the rights of his or her client and work to secure a fair and lasting divorce settlement.

Source: kiplinger.com, “5 Signs Couples Need Money Counseling“, Ash Toumayants, Accessed on April 14, 2017

Lawyer in Port Coquitlam

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

Even if division of property seems equal, it may not be

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, April 12, 2017.

Along with the emotional toll a divorce can take on British Columbia couples, the financial consequences can be devastating — often for both parties. The economic impact typically starts when the couple separates and less income is available to meet household expenses. While additional accommodations for one spouse will be required, it will come along with the attendant housing and utility costs. This situation can already start draining funds that may have been intended for retirement, education and more — only to be exacerbated by the division of property as divorce proceedings move forward.

Keeping emotions under control is difficult but necessary. It is important to focus on the issues, particularly those that may affect the post-divorce financial stability of each spouse. The type of assets allocated during the property division process may seem an equal portion of the whole, but some might be illiquid assets that are difficult to sell if the need for cash arises. The type of property may also have unfavorable tax implications; for instance, withdrawals on a tax-deferred retirement account will be taxable.

Taxation on ongoing income can also have an impact. Although the spouse who pays alimony (if applicable) is entitled to a tax deduction, the one receiving it must report the payment as income for tax purposes. These are important considerations for future tax filings.

Fortunately, help is available with these and other issues from experienced divorce lawyers who can provide the necessary support and guidance while also protecting the client’s interests. Family law lawyers in British Columbia, like us at Laughlin Family Attorneys, have resources available to assist during the division of property. These may include tax and financial advisors along with other professionals who can provide input on such matters as child custody concerns and real property issues.

Visit our office if you’re ever curious:

Lawyer in Port Coquitlam, BC

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

Source: Time, “Keep a Divorce From Killing Your Finances“, Jill Schlesinger, Accessed on April 7, 2017

Division of property: What will happen to the family home?

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A family home that may be sold to separate assets.On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Tuesday, March 28, 2017.

Like other provinces and territories, British Columbia has a matrimonial and family law act that governor provides guidelines for — the way assets and debts are divided in a divorce. While many couples have complicated estates that include stocks or bonds, family businesses, real estate and more, deciding what to do about a matrimonial home is often the most difficult part of the division of property. It could be an equally challenging process in a divorce of a couple with average assets.

In British Columbia, a couple must have been in a marriage recognized as valid under the law to require the division of the marital home. In most cases, a common-law relationship does not give one party the right to claim a share of a home in the other party’s name. In the eyes of the law, a home in which the couple lived together during their marriage must be subject to equal distribution in divorce because marriage is considered an equal partnership.

While certain rules exist for other assets that will only be divided if acquired during the union, special rules are in place for the marital home which may require the assistance of a real estate lawyer. Assets that belonged to one spouse before the marriage will remain that person’s property, except the family home will be divided even if it belonged to one spouse before the wedding. If one spouse wants to keep the residence in which the couple lived, he or she can buy the other spouse’s share or give up equivalent assets; otherwise, it can be sold and the money shared equally.

Regardless of the wealth of a divorcing couple in British Columbia, if there is a marital home that will be part of the division of property, it could complicate matters. However, under the guidance and support of experienced Laughlin Law Lawyers, the various options available can be evaluated. Understandably, decisions that could post-divorce financial stability must be made with care.

Source: FindLaw Canada, “What happens to a matrimonial home after a separation?“, Miriam Yosowich, Accessed on March 27, 2017

Lawyer Port Coquitlam, British Columbia

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

Woman admits ex not the father — judge waives child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, March 22, 2017.

In British Columbia, child support obligations are not necessarily determined by paternity. A person whose name is on the birth certificate, who had taken care of a child as his own, can be assumed the father and held responsible for child support. However, in an unusual ruling, a British Columbia Superior Court judge recently declared a man free of any child support obligations.

A report indicates that a child was born after a couple had been married for three years. The man automatically accepted that he was the child’s father and cared for the boy. Three years later, under unknown circumstances, the husband learned that somebody else was the child’s father. The couple separated and, a year later, DNA testing confirmed that fact.

After another 15 months, the couple divorced, and the mother left their home province to relocate to British Columbia, telling the court she did not want child support because her ex-did not father the child. Reportedly, since their divorce in Sept. 2014, the couple had no contact — until Feb. last year when the mother suddenly demanded child support. She claimed the man acted as the child’s father until their divorce, but the man claimed to have had no contact since shortly after they separated.

The British Columbia Supreme Court judge ruled that it would be grossly unfair to order the father to pay child support after the essential misrepresentation of the facts by the mother. Any person in British Columbia who faces a similar problem may find answers and support by consulting with an experienced family law lawyer. Skilled legal counsel can assess the problem, suggest potential remedies and provide the necessary guidance throughout any legal proceedings.

Source: nationalpost.com, “B.C. woman who concealed her ex-husband was not the father of her son loses child support bid“, Keith Fraser, March 15, 2017

Need your family law questions answered free? Us at Laughlin Law can help you today! Call (604) 945-4370 for your free consultation.

Port Coquitlam, BC Lawyers

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

Child custody may be best negotiated with legal guidance

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Child custody and family play hand in hand.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, March 14, 2017.

In British Columbia, the legal terms related to childcare and access have changed to parenting time and parenting responsibilities. These are the components of what used to be called child custody and is now known as child guardianship. While child custody used to indicate whom the primary caregiver of a child will be after a divorce, guardianship aims to involve both parents in the post-divorce care of the children — except when such arrangements may expose the child to harm.

Most parents agree with the updated laws that give families the chance to continue parent-child relationships even after divorce. However, drafting parenting plans that will meet the schedules and needs of both parents without jeopardizing the best interests of the child can be challenging. While matters such as the responsibilities of supervision, religion, medical treatment, health care and more must be considered, all the day-to-day decisions will need to be made.

Parents may find comfort in learning that there are lawyers who focus on the family law — who know that most mothers and fathers prioritize the stability and happiness of their children. Lawyers such as those at Laughlin & Company lawyer whose paramount concern is the needs of parents and children can facilitate negotiations and discussions on that basis. This will provide a platform for parents to work out how best to arrange their time and responsibilities in relation to their children.

Some divorced parents in British Columbia have learned that a team of legal representatives such as the lawyers at Laughlin & Company understand that many family law issues need to be revisited in the future. The circumstances of parents change over time, and so do the needs of children. Many people enjoy peace of mind knowing that their legal advisors will be there in the future when child custody issues need modification, or when they need guidance and support with any other family law matters.

Port Coquitlam, BC Lawyer

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

Divorce mediation can save time and money

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Scrabble tiles with a wedding ringOn behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, March 8, 2017.

As an alternative to litigating a divorce in a British Columbia court, mediation is an effective way for divorcing spouses to resolve contentious issues. Divorce mediation is a process by which all important matters can be addressed in negotiations that are facilitated by a qualified divorce mediator. Although such a mediator could be a lawyer, he or she must be neutral and may not provide either party with legal advice.

The sole purpose of the divorce mediator will be to provide the platform and encourage peace negotiations in which both spouses can speak their minds and raise their concerns. He or she will not impose solutions but allow couples to find their own. Along with issues related to property division and child-related matters, couples may discuss any other concerning subjects. The mediator will guide couples to compromise when necessary and work toward drafting a settlement agreement.

In most cases, mediation brings to light the underlying concerns of people, and once those are understood, solutions are quickly found. Divorcing spouses that manage to find agreement and negotiate a settlement agreement on their terms often feel their newly acquired negotiation skills empowered them. It could also prepare divorced parents for child-related talks in the future.

Even though divorce mediation avoids litigation, each party is entitled to have an experienced divorce lawyer to provide valuable input and guidance during mediation. A lawyer can also ensure that the settlement agreement complies with British Columbia family laws. Once both parties have accepted and signed the agreement, it can be presented to the court for approval.

We’re local and ready to take your case:

Source: familylaw.lss.bc.ca, “Mediators:“, Accessed on March 3, 2017

Attorney Port Coquitlam

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

Symposium promotes divorce mediation vs. litigation

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A beautiful family who don't need a family lawyer quite yet

On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, February 22, 2017.

It is reported that approximately four in every 10 marriages in Canada, including in British Columbia, end in divorce. A recent symposium was held in another province to help professionals in various fields who often have to deal with divorcing couples. These include financial advisors, real estate agents, lawyers and more. One of the goals of the organizers was to create awareness of the advantages of divorce mediation compared to litigation.

One spokesperson said, in its simplest form the problem involves couples that spend time and money to go through contentious divorce litigation to determine at what time a child should be collected from school. Although there are divorces that involve complex financial portfolios that can only be handled through litigation, she said most other cases could be resolved through divorce mediation. The spokesperson said many people do not recognize the positive effect that mediation can have on a divorced family’s future.

Litigation is always a confrontational process, and any other case — such as battling for recovery of damages after an accident — does not require the parties to have any post-litigation contact. In contrast, divorcing spouses will have divorce relationships for years following the divorce that can be jeopardized in court battles — especially if there are children involved. Divorce mediators are qualified to facilitate families and provide a non-adversarial platform where peaceful negotiation will be encouraged.

An experienced divorce lawyer in British Columbia can provide advice and guidance during divorce mediation. A divorce mediator may not provide either party with legal advice, but each spouse may have their respective legal representatives present during sessions. Lawyers can provide valuable input based on their experience with similar cases, and also ensure that the final settlement agreement complies with the applicable laws before it is presented to the court.

Source: edmontonjournal.com, “Divorce Symposium to boost alternatives to court process“, Clare Clancy, Accessed on Feb. 18, 2017

Attorney in Port Coquitlam

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

Division of property in every divorce has unique challenges

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A beautiful family who don't need a family lawyer quite yet

On behalf of Laughlin & Company, Lawyers Mediators posted Division of Property on Thursday, February 16, 2017.

Any person in British Columbia who is going through a divorce might have noticed that there is no shortage of advice from friends and family — and sometimes even from strangers. Although it is important to have the moral support of loved ones, it could make it more difficult to leave emotion at the door when negotiating the division of property. Most believe a divorce should not be tackled without professional guidance.

When building a team to provide divorce support, a financial advisor might be a valuable addition — regardless of whether the person was mostly uninvolved in handling the family finances or was in handling money matters during the marriage. Somebody who can explain every financial aspect can also help ensure the necessary original documents are gathered. Hard copies are typically required by the court. These will include tax forms as well as statements of bank accounts and brokerage firms.

Sometimes spouses try to outmaneuver each other by concealing assets. This is never a good idea because, in most cases, it can be traced back to the receiving spouse — to his or her detriment. Divorcing spouses sometimes make the mistake of continuing to live the lifestyle they had before. This can quickly lead to financial problems because there will normally only be one income to cover the same expenses as before the divorce.

When ending any marriage, it makes good sense to seek the support and guidance of an experienced British Columbia family law lawyer. Every divorce case is unique, especially when it comes to the division of property. A seasoned lawyer can protect the rights of the client throughout the proceedings, regardless of whether the divorce is negotiated directly, mediated or litigated.

Source: businessinsider.com, “7 things you should never do if you’re about to get divorced“, Emmie Martin, Feb. 8, 2017

Attorneys in Port Coquitlam

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