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

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

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

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

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