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Can I pay child support direct to my children?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, June 29, 2016.

It’s a question many noncustodial parents have. They balk at having to give their exes money every month and wonder if it’s being spent on the children’s needs. However, in the vast majority of situations, the answer is no. You cannot pay child support directly to your child, and here’s why.

The first issue is that most parents only have to pay child support until the child is an adult or has graduated from high school. A parent paying child support directly to a minor child is likely to end up with the money being spent on wants and wishes instead of going to the paying parent’s share of the financial costs of raising the child.

However, even in cases where a support order is still in place after the child has reached 18 — which sometimes happens if the paying parent is significantly in arrears — payments cannot be made directly to the child without the other parent’s consent. This is because the courts do not believe that the paying parent should necessarily get to control how the payments are made or how the money is spent.

There is also a concern that allowing this would make it easier for some parents to use the money as a way to exert undue control and influence over the child. Even if the other parent does agree, the courts may still question whether the child has the experience and maturity to handle the money appropriately or whether the money would have negative consequences on things like financial aid for college.

Source: FindLaw, “Can child support go directly to the kids?” Steve Morales, accessed June 29, 2016

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Important parts to include in a court order

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, May 5, 2016.

A formal court order is one of the most important things you can have in your child support case. It protects both the parent paying the support and the parent receiving support because it ensures that there are specific parameters for the payments. Either party violating these parameters may result in the case having to go before the court and negative consequences for the parent who is not following the terms. Because of this, it’s important to make sure the agreement is thorough and covers all of the different elements.

The court order should include the basics, such as which parent will be paying the child support and who will be receiving it. The order should include the names and ages of each child subject to the support order as well as when the payments are to start and whether anything needs to be backdated. Other important things to include are how often the payments should be made, the exact amount of the payments and at what date the payments will end.

In addition to the formal court order, there may also be the child support worksheet attached. This form lists the income for both parents as well as any pertinent expenses or adjustments. If these numbers change significantly as time passes, it may be grounds for a review of any change to the child support order.

Sometimes, there are cases that involve children who require special or extraordinary expenses. These should be stated in the order and include the type of expense, which child it relates to and how much each parent will be responsible for. An experienced attorney can review your child support agreement and note any areas that may need a closer look.

Source: Family Maintenance Enforcement Program, “Obtaining a court order,” accessed May 05, 2016

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Laughlin & Company Lawyers Mediators
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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
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Seriousness of child support arrears

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, January 7, 2016.

Statistics show that close to two-thirds of Canadian child support payments are in arrears, amounting to nearly $3.7 billion. In British Columbia, parents owe $538 million in past due child support. While the reasons for these past due payments may vary greatly if more parents exercised their legal options this figure could likely be substantially decreased.

While much of the legal system is geared more toward making sure those who are on the receiving end of the child support payments get their monies, those who are unable to make their payments also have some legal options. The challenge is that it can be very difficult to convince these parents to go into the courts and explain their situations. Many believe that the courts will not care about their circumstances or that they will start enforcement procedures against them by doing so.

Unfortunately, ignoring the issues doesn’t help either. Unpaid child support payments will eventually be acted upon by the child support enforcement agency, and enforcement methods run the gamut from wage garnishment to revoking a driver’s license. To avoid these consequences, it is crucial to talk with a lawyer about your legal options and how best to go about trying to present your case to the courts.

Having experienced legal representation by your side takes some of the stress and anxiety out of the situation and can help ensure you are well informed and prepared going forward. It also ensures that you fully understand the pros and cons of any action and can get all of your questions answered before deciding on an option.

Lawyers Coquitlam

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

Is it possible to get a child support payment refund?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, December 29, 2015.

Sometimes things happen, and it is possible for one parent to have paid more child support that was ordered at that time. While these situations are rare, they can happen, and it’s normal to wonder what your options are. In most cases, if the child support order is ongoing, the extra payment will just be applied to the account, and you won’t be able to get a refund.

However, in the instance when you believe you have been paying too much child support because you have had a change in income status, there may be options. One of the most important things you can do as the payor on a child support order is to keep the child support agencies aware of your income and make sure that they have up-to-date information that reflects any new jobs, terminated employment or changes to salary.

If you have been keeping all of this information up to date, it may be possible to ask the courts to refund the overpayments. The easiest way to do this is to go ahead and draft an agreement between you and your ex and then present this to the court. However, it is also possible to petition the courts for a refund with an agreement; it will just be more difficult.

Getting a child support refund is not an easy process, and it is one where having a lawyer help you can be especially helpful. A lawyer can give you more information on how child support overpayments happen and how you may be able to pursue a refund.

Source: FindLaw, “Can I get a refund on child support overpayments?” accessed Dec. 29, 2015

Coquitlam BC Lawyers

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

British Columbia ends clawback program

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, November 20, 2015.

In the past, single parents residing in British Columbia faced issues if they were both receiving child support payments and government assistance. That’s because officials were deducting the amount the parent was receiving in child support from what they would have received through government assistance. For instance, if a parent qualified for $125 a month in government assistance but was also getting $50 a month in child support, the government assistance would automatically be reduced to $75 a month.

Many claimed that this unfairly penalized low-income single parents, and it appears that the government finally agreed. The budget released on November 10 showed that the so-called “child support clawback” would be discontinued. Once the changes are implemented, single parents on assistance will get any child support payments made to them as well as the full amount of assistance they are entitled to through the government programs.

According to reports, the changes are set to positively affect over 3,000 families and around 5,400 children in the province. While critics are quick to point out that the changes are expected to cost the government an estimated $13 million a year, many supporters say it is stepping in the right direction.

Any time there is a change in government policy or procedure as it relates to child support or any other issue, it’s normal to be confused and want to be clear about how this will affect your situation. Talking with a lawyer can help you be better prepared to deal with any changes that may affect you and help you get more information so you can move forward with confidence.

Source: Global News, “B.C. ends child-support clawback for poor parents,” James Keller, accessed Nov. 20, 2015

Divorce Lawyer Coquitlam

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

Child support and changing needs

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, September 15, 2015.

Having children is expensive, and it can seem as if the cost of raising children only increases as they get older. The list of needs and wants expands to include more expensive items. Add in supplies and fees for sports and other extracurricular activities, and it can seem as if all of your money is spent before it arrives in your bank account. While determining child support is rarely a pleasant process between the two parties, determining if the child support amount needs to be modified can lead to more contention.

It’s important to understand that like anything else involving the children, child support orders are not set in stone. The family courts understand that the needs of the children change as they get older and what may have been appropriate at the time of the divorce may no longer fit years later.

Custodial parents may be worried about asking for a child support review because of fear of upsetting their ex-spouse and creating tension. This may be especially true in cases where the couple is fairly civil and is able to communicate appropriately most of the time. These parents may wonder if it’s really worth it to risk upsetting the other parent by pursuing a review of the child support order.

It’s also normal for noncustodial parents to feel like they are already paying more than their fair share in child support and to balk at any review requests. However, it is important for both parties to remember that child support is to further the best interests of the children. If the family situation has changed, a child support review may be the appropriate choice, and an attorney can help you understand what all is involved.

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

What if I can’t make my child support payments?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, July 28, 2015.

While there are some parents who balk at paying child support just because they don’t agree with the amount or don’t want their ex to have the money, there are others who understand that child support goes to provide for the children but struggle to make their payments. Sometimes, a rough patch can turn into a bigger issues, and when there is an undue hardship, the courts may be able to reduce the child support amount.

It’s important to understand that proving undue hardship can be very difficult. If you are going to be paying child support and do not believe you will be able to pay the standard amount for your case, you will need to provide proof as to why. This includes providing the courts with all income streams, including any incomes brought in by others in the household, such as a partner or new spouse. Investment, business and dividend incomes must also be reported to the courts.

The court generally only considers the undue hardship a possibility in certain situations. These include if you have excessive amounts of debt, are making child support payments for other children not related to this case or are paying money to support someone in your household who is sick or disabled. The standard of living for both your and your ex’s households will also be considered as factors.

If you do not think you will be able to make your child support payments, a family lawyer can help you understand whether you have any options available and how to petition the courts for a change.

Source: Legal Services Society, “Child Support,” accessed July 28, 2015

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

An interim order can help you stabilize your divorce issues

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, May 13, 2015.

An interim family order can do many things, but its primary function is to hold agreements made before trial in place until a trial is able to take place. Trials can take a year or longer to transpire, because the courts can be very busy and litigation takes time. If you want to separate in the meantime, it can be helpful to have the interim order.

If you have children, an interim order can help you make sure that you have solidified custody arrangements in place until your case goes to court. If you and your ex can agree on the arrangement, then it will be called a consent order. If not, then the interim order still works until you can go to trial to work out your differences.

An interim order can be put in place until you decide on a final agreement, too. Here’s a good example: If you and your ex have roughly decided how to split your assets but want to separate until trial and wait until trial to actually divide those assets, then the interim order can work as a way to make sure the assets are still available as part of the original arrangement when the time comes for them to be split. This can also help a judge see what you want, or don’t want, to share with the other person or have for yourself.

An interim order can be used for child custody, potentially support arrangements, and initial asset division agreements. Whatever you need to work out, this can be the first step toward a final decision in your case.

Source: Legal Services Society, “How to get an interim family order,” accessed May. 13, 2015

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