When a man who was shelling out money to support two families dies, some sticky problems can arise. The deceased, a citizen of Canada, was paying spousal and child support to his ex-wife. They had two children. However, he was also caring financially for his fiancee and their unborn child. When the married couple divorced, the man not only agreed to support payments but also to keep his former wife on his life insurance policy as the irrevocable beneficiary.

The man agreed to keep up his million dollar policy without an end date or a reduction. But when the couple separated, the man, who continued to live in Canada, became involved with a woman who lived in the United States. He developed cancer around the same time his girlfriend — who would become his fiancee — became pregnant with their son. The man died before his divorce became final.

The man had a will prepared before his death and in it — contrary to a court order — he wanted his estate, and life insurance shared between his wife, their two kids and his fiancee and her yet unborn baby. This resulted in a trial and two appeals. The man’s estate was insolvent, so the only asset was the life insurance policy.

Ultimately, the court of appeal decided that the man’s wife and their children were creditors but limited their rights. The court said they were creditors only in that proceeds of the policy were needed to satisfy the deceased man’s obligations for the child and spousal support. Any remaining amount would be considered as dependant’s relief for his fiancee and their son.

Sometimes family law issues can get complicated. It’s vitally important to sit down with a lawyer to discuss issues like child support in the event of filing a divorce or separation. A lawyer in Canada who is experienced in family law can answer any questions, provide guidance and offer ongoing support.

Divorce Lawyer Coquitlam

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

Source: financialpost.com, “Support payor’s death leads to complex court case involving estranged wife, fiancee and an unborn child,” Laurie H. Pawlitza, Accessed on Aug. 11, 2017

In British Columbia, it is possible for a man to be named the father of a child and burdened with the responsibilities even if he is not the child’s biological father. Men who believe they are not responsible for child support sometimes question paternity. Also, men who want parental rights to children they claim to have fathered may also need to prove paternity. Who is presumed to be a father under British Columbia law?

A man who was married to a woman at the time of the child’s birth, or he died or divorced the mother within 300 days before the child was born will be regarded as the biological father. This can be the case even if the man only married the mother after the child’s birth, but she names him as the father. By admission, a man can also be named as the biological father if he admits to being the father — regardless of whether the couple was married — and if he signed a Child Paternity and Support Act agreement upon the child’s birth.

If a man denies being the father of a child, the burden of proof is on him to show the court that he has no biological connection with the child. DNA testing is available for men in this position. However, if the mother can prove that the man treated the child as his own, the court may continue to hold him responsible for child support.

DNA testing is also available for men who want to prove that they are the biological fathers to gain access and parental rights to their children. However, if a man proves in the court that he is the biological father of a child, he will also become responsible for child support payments. British Columbia family law lawyers can provide valuable guidance to fathers who want to prove or disprove paternity claims.

Source: FindLaw Canada, “DNA testing and paternity issues“, Miriam Yosowich, Accessed on Jan. 14, 2017

Coquitlam, BC Family Lawyers

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

Many British Columbia parents remain committed to the best interests of their children. However, in some cases, a divorced parent may hold back on paying child support to punish a former spouse. Sadly, the children may be the ones who are impacted. Fortunately, the custodial parent can resort to the court if timely payments are not made.

Parents who want to avoid paying child support can be resourceful. The family court requires a non-custodial parent to provide a financial statement upon which the child support order is based. Some parents will do what they can to lower the amount of income recorded. Some quit their jobs or go back to school to avoid pay cheques of which a portion may have to be paid to the custodial parents.

A common tactic is to work for an employer who will pay unrecorded cash or other types of remuneration. However, the custodial parent may be able to expose such behaviour. The deceiving parent’s standard of living will likely be an indication of unreported income. The custodial parent may be able to use advertisements offering employment to show that jobs are available for non-custodial parents who claim to be unemployed.

Trying to gather evidence of a former spouse’s real income may be challenging for a custodial parent who may have to work long hours or multiple jobs to earn enough to take proper care of the children. Help and support are available from an experienced family law lawyer who can assess the struggling parent’s circumstances and help find evidence to prove to the court that the other parent is concealing income. The British Columbia family court may determine an imputed income on which it will base a court order for child support — regardless of the income shown on the financial statement.

Source: lukesplace.ca, “What the court do when a father evades child support?“, Accessed on Dec. 17, 2016

Coquitlam, British Columbia Lawyer

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

While most British Columbia parents who have to pay child support want the best for their children, some may find it tough to keep up with the payments. The problem is often not a case of the inability to pay, but rather a negligence, such as forgetting to pay on time or spending the child support money on something else. However, falling behind with child support can quickly lead to significant amounts of debt, and the other parent may pursue legal action.

Arranging an automatic payment through a bank account and drafting a proper budget may remedy these issues. Maintaining careful records of all payments made is vital. There are various ways in which such records can be kept, and some online payment methods may include a program to keep these files. In the event of the other parent claiming non-payment or late payment, accurate records can provide the necessary proof.

Life sometimes has strange and unexpected turns, and an unanticipated surgical procedure, illness or job loss can make it impossible for a parent to pay child support. That parent may seek a child support modification through the court. By providing proof of the reason for the financial difficulties, the court may agree to modify the court order.

It may only be a temporary problem, and, although parents may be able to negotiate a more affordable amount until circumstances improve, they may want to avoid making verbal agreements. Utilizing the services of an experienced British Columbia family law lawyer to help draft a documented agreement may be more appropriate. A lawyer can then present such a request for modification of child support to the court, and with both parents already in agreement, the court may issue a modified court order without any delay.

Source: marriage.com, “Strategies for Paying Child Support“, Accessed on Nov. 25, 2016

Lawyers Coquitlam, British Columbia

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

Paying child support has to be a priority for parents. As we discussed in the previous blog post, child support agreements can be made between parents, or you can turn to the court to determine who is going to pay what. In either case, child support has to meet specific points.

If you are going through a child custody case, the child support agreement is a significant component of the order. The child has needs that can only be met if there is money available, but both parents need to have money to support themselves. If you are trying to work out a child support agreement with your child’s other parent, we can help you to learn about the options that are available for child support agreements.

As the child grows up and circumstances change, there might be a need to revisit the child support order, or the child custody order as a whole. In those cases, it might be possible to have those changed. There are specific instances in which this might be possible. If you need to seek out a modification of these orders, be sure that you take action as soon as you discover the need for the change.

It is best to take swift action on any matter about your child. Your first course of action should be finding out what you can do. From there, you can make decisions about how you are going to proceed with your case. We can help you to explore the possible options and learn how they will affect you and your child.

Coquitlam Lawyers

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

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