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

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

When British Columbia couples get married, many changes take place in the lives of both parties. Along with having to get used to each other’s habits and ways of life, the unique financial profiles of two entirely different people are combined — often with the little prior discussion. Finances are blamed for many arguments in marriages, and if these issues are left unaddressed, it may even lead to divorce. What makes decisions about combining funds difficult is the fact that couples who are very much in love must also consider the possibility of divorce and division of property in those proceedings.

Although the dynamics of each couple are unique, a professional financial advisor says that allowing each spouse to maintain some economic freedom may avoid serious arguments. Some prefer to have their separate accounts with an arranged list of financial obligations for each spouse. Others find that a “yours, mine and ours” system works best for them. This allows each partner a personal account and some independence while they pay household expenses from a joint account.

Another option that works for some is for each spouse to be allotted a weekly or monthly amount of money — similar to an allowance — to do with as they please. Spouses can use this to treat themselves or to treat each other with a special gift or surprises. In cases in which one spouse tends to be a spender, this may be an effective way to control such habits without making it feel like punishment.

While each couple can work out a financial strategy that works for them, it may be wise to record the arrangement in a prenuptial agreement. This may avoid contention during the division of property in the event of a divorce. The assistance and experience of a British Columbia divorce lawyer to provide advice can prove to be invaluable.

Source: businessinsider.com, “Here’s how to combine your money when you get married, according to a financial planner“, Tanza Loudenback, Accessed on Nov. 18, 2016

Lawyer Coquitlam, British Columbia

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

Divorcing your spouse means that you will have to divide your property based on the laws that pertain to your case. Some property, such as the marital home, are always divided. Other property, such as certain inheritances, aren’t subject to the property division property.

In British Columbia, the property division process sets some specific property as separate property that doesn’t have to be divided. This includes money that is received or is payable through an insurance policy, a settlement or award that is compensation for an injury, inheritances to one spouse, a property that was owned before the relationship began and property that is in a discretionary trust for one spouse.

It is also possible that gifts would be considered separate property if those gifts were specifically given to one spouse. In many cases, how the property is handled once it is given to a spouse matters. If the property is held with marital property or if it is cared for by marital funds, it might be considered marital property during the property division process.

No matter how property is obtained or when it is obtained, the presence of a valid marriage contract means that the property would be divided how the contract notes it should be divided.

As you can imagine, the dividing property can be complex in some cases. If you and your spouse have considerable assets, this might be the case. It is crucial that you have a complete understanding of how different assets and liabilities should be handled in your case so that you can know what decisions you need to make.

Source: FindLaw Canada, “Gifts, inheritances and other excluded properties,” Miriam Yosowich, accessed Oct. 28, 2016

Law Firm Coquitlam

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