Single parents who have custody of their children may get some tax benefits from the federal government. But there are times British Columbia parents might have to prove to the Canada Revenue Agency that they’re the custodial parent. When people fill out their tax returns in Canada, the government assumes citizens have declared all their income, but the agency has ways of checking these things. The CRA matches income slips to returns using Social Insurance numbers, making sure citizens have claimed everything. Essentially, claimed expenses, when they come to child custody, must be able to be proved should the government ask for clarification.

Single moms and dads have found that if they claim an eligible dependent (AED) for one child, it may attract the CRA’s attention. The AED can save about $1,700 in taxes, with further savings in each province, so it is a large claim. The CRA is requesting custody proof for many of these claims.

As long as single, custodial parents can provide the right documents to the CRA, the review should go smoothly. Those queried have 30 days to prove custody. Proof may be in the form of a birth certificate and a letter from the school the child attends or from the family doctor. The right paperwork must be presented to prove eligibility for the AED tax credit and without it, the CRA will recalculate tax returns by assuming the claimant doesn’t qualify for the credit.

There are many questions regarding child custody issues that an experienced British Columbia lawyer may be able to answer. A family law lawyer may also be able to point his or her clients in the direction of others knowledgeable in the issues surrounding custody, like those familiar with tax issues such as accountants. The guidance of a lawyer may prove invaluable in these cases.

Family Lawyers in Coquitlam

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

Source: huffingtonpost.ca, “The CRA Might Ask You to Prove Custody of Your Kids“.

Waving the white flag is the first order of business when it comes to making the best out of a less than stellar divorce situation. Divorce is usually not looked upon as a positive regarding any familial area. But by adopting a divorce model used in British Columbia divorce mediation, divorce couples can parent their children as separate individuals as well as they were able to as a couple.

No couple wants any animosity that may be between them to be transferred to their children. There are times when children — in as much pain about the divorce as they may be — may use the situation to their advantage, and this is where having a parenting plan or map comes in handy. A family mediator may be able to diffuse situations where a child or children are pitting one parent against the other.

Focusing on the children is of the utmost importance when working out parenting roles during and after divorce. Children often think that they are responsible for their parents splitting up and that they must fix things. Part of the role of family mediation is to help parents deal with these emotions in their children.

Children deal with divorce differently at different ages, according to experts in psychology. When parents realize that if they don’t work as a team when it comes to their kids, their kids will try to pit them against each other mainly for attention. How children act could also be a reactionary way of how each parent is coping with the separation.

These are the kind of issues that can be discussed with a British Columbia lawyer experienced in family law and divorce mediation issues. A caring and concerned lawyer would be able to help divorcing parents and their children to get the help necessary to help through an emotional time. As well, a lawyer will make sure all the legalities of the divorce have been addressed, and that’s what lawyers do.

Coquitlam Lawyers

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

Source: mediate.com, “A Transformative Parenting Mediation Model,” Wayne Plenert, Accessed on Sept. 1, 2017

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

British Columbia authorities recognize the fact that circumstances change in the lives of divorced parents and allow them to petition the court to make certain modifications under complex child custody rights. If a parent who has to pay child support becomes unemployed has significant unanticipated medical expenses or for any other reason becomes unable to comply with a child support order, he or she may seek a modification of the court order. However, this is not easy, and it will require ample proof to be provided to substantiate a claim of undue hardship.

Another instance that may lead to a request to end child support is when a child becomes self-sufficient. British Columbia regards children to be old enough to care for themselves once they turn 19 years old. That is called the age of majority, and a parent’s child support obligations typically end at that time. Some circumstances may require the continuation of child support payments beyond a child’s 19th birthday. These include a child that continues to be a full-time scholar or one who is ill or disabled.

However, the court will allow child support payments to stop before the age of majority if he or she becomes independent and no longer needs parental care. Such circumstances could include the child moving in with somebody who provides for him or her, or if the child leaves the family home with no inclination to return. A child who lives separately and has employment that enables him or her to live without financial assistance from his or her parents before turning 19 is independent, and the court may cancel the child support order.

A British Columbia parent who has a court-ordered child support responsibility may not decide to stop paying without the court’s permission. For any changes to child support, or to cease payments, the parent must go to court and provide substantiating proof that a child has become independent or that changed circumstances would cause undue hardship if child support payments continue. This is a complicated field of the law, and the support of an experienced family law lawyer, like Laughlin Law, may ease the process and lead to an acceptable new arrangement.

Family Lawyers Coquitlam

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

Source: bc.familieschange.ca, “Are there exceptions to how much a parent has to pay?“, Accessed on June 30, 2017

In British Columbia, any couple who lives together as a husband and a wife is treated in the same way married couples are treated. The number of people choosing to live together rather than get married increases every year. Cohabitating couples have children together, and some even buy homes together. However, the division of property in a common law breakup could be complicated.

Some say purchasing real estate is less of a commitment than marriage because it is easier to get rid of a house than it is to end a marriage. Although a common law marriage is legally accepted in certain contexts, it does not provide an automatic right to property. Married couples are considered partnerships, regardless of how they manage their finances. When a couple breaks up, all assets acquired during the marriage are divided, regardless of the individual contributions of the spouses.

This is more complicated with common law relationships that end — especially those that are acrimonious. Matters that will be considered include whether the couple had separate bank accounts and how long they cohabitated, among other issues. The manner in which the court typically determines the division of property in a common law marriage is more like an accounting exercise than an equal division of a partnership. When it comes to the house, it will be each partner’s contribution that will determine how it will be divided.

Common law spouses in British Columbia who are considering ending their relationship typically have many unanswered questions about their rights. The division of property could be an especially contentious issue if it is the end of a long relationship. The most practical step might be to consult with an experienced divorce lawyer who can provide answers and evaluate the circumstances, as well as offer ongoing support and guidance throughout the legal proceedings.

Coquitlam Family Attorney

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

Source: business.financialpost.com, “When the only ring is on your keys: What common-law couples should know before buying a house together“, Danielle Kubes, May 26, 2017

British Columbia residents who are considering marriage or entering into a cohabitation relationship may find it difficult to broach the subject of domestic contracts. However, most people who make such commitments might have already accumulated some assets that will need protection if the marriage or common-law relationship ends. Without the protection of a marriage or cohabitation agreement that specifies the personal assets, some may be lost in the division of property.

Couples that get married can sign marriage contracts, and joint law partners can sign cohabitation agreements. Those entering into a second marriage typically bring many personal assets into the union. However, if, for example, the couple resides in a home that one of the two spouses owned before the marriage, the other spouse may have a claim on the property in the event of a divorce — if this was not specified in a marriage agreement. Mortgage lawyers will fight for both sides in this case, and it may end up being a long drawn process of court cases and arguments.

Another scenario to consider is a couple who moves in together, and the man verbally assures the woman that he will share all his assets with her. If they never record that promise in a cohabitation agreement and then comes the day that the relationship ends, the woman has no right to any assets that were pledged to her. Another type of domestic contract is a separation agreement that a couple can draft to record how they plan to deal with various issues that typically arise when a relationship ends. This can protect in the absence of a marriage or cohabitation agreement.

Some British Columbia couples that are considering marriage or cohabitation agreements may have questions about the legal requirements of such contracts. The most suitable step to take might be for each party to consult with an experienced family law lawyer who can answer questions and explain how such an agreement can protect the assets of each party during the division of property. The lawyer can assist with drafting a contract that will hold up in court if it is challenged.

Lawyers Coquitlam, BC

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

Source: lukesplace.ca, “What are domestic contracts?“, Pamela Cross, Accessed on May 19, 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