Laughlin Law | Laughlin & Company Lawyers Mediators Port Coquitlam Thu, 25 Jan 2018 19:28:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.3 Child support in British Columbia: Funding a child’s free time https://www.laughlinlaw.ca/blog/2017/10/child-support-in-british-columbia-funding-a-childs-free-time.shtml Mon, 02 Oct 2017 20:50:45 +0000 https://laughlinlaw.ca/?p=279 On behalf of Laughlin & Company Lawyers, mediators posted Child Support on Monday, October 2, 2017. Parents want to give their children what other kids have, and that could translate into going beyond their means to provide it. When a British Columbia couple separates and one partner is paying child support, he or she could […]

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On behalf of Laughlin & Company Lawyers, mediators posted Child Support on Monday, October 2, 2017.

Parents want to give their children what other kids have, and that could translate into going beyond their means to provide it. When a British Columbia couple separates and one partner is paying child support, he or she could find there is more to supporting kids than merely providing for the bare necessities. In fact, there is federal legislation in Canada that stipulates payments as they pertain to kids and “special and extraordinary expenses” highlighted in the Federal Child Support Guidelines.

The guidelines deem such expenses necessary because they are in the best interests of children and indicate that expenses should be reasonable according to the parents’ means and spending habits before the separation. Extraordinary expenses are more than can be reasonably handled regarding child support when looking at income. In this instance, courts usually split these types of expenses — little Johnny’s hockey enrollment, for instance — between the parents taking into consideration the income of both and how they spent their money for getting divorced or separated.

In most cases, these types of expenses will be in addition to regular child support payments. The court will look at these expenses bearing in mind what is in the best interests of the children. Courts tend to make objective decisions in these regards; however, some may be costly.

Child support issues in a divorce or separation situation are best ironed out with the help of a British Columbia lawyer seasoned in family law. When it comes to legislation regarding child support, a lawyer will be able to guide his or her client regarding any additions or changes to the law. He or she will also be able to answer any queries regarding legislative changes.

Source: Extraordinary child support expenses mean you could be paying for your children’s leisure time, “findlaw.ca,” Miriam Yosowich, Accessed on Sept. 30, 2017

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

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Division of property could be a kink in a retirement plan https://www.laughlinlaw.ca/blog/2017/09/division-of-property-could-be-a-kink-in-a-retirement-plan.shtml Mon, 25 Sep 2017 22:03:04 +0000 https://laughlinlaw.ca/?p=352 On behalf of Laughlin & Company Lawyers, mediators posted Division of Property on Monday, September 25, 2017. Divorce can be a costly endeavor. When a divorcing British Columbia couple shares a lot of assets, splitting up could mean having to rethink any retirement plans that may have been in place for quite some time. That process […]

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Divorce can be a costly endeavor. When a divorcing British Columbia couple shares a lot of assets, splitting up could mean having to rethink any retirement plans that may have been in place for quite some time. That process typically includes the division of property, and some financial guidance may be prudent.

Most assets in a divorce situation in Canada are divided equally. But the way in which they can be separated can be done creatively. Divorce changes the spending forecast, and older couples may need to keep that in mind moving forward.

Planning will give each a picture of the financial future. Some questions that could be asked are: Will the house be sold? Are there any children who will need support? How long will each be working? How do they view spending retirement years?

Couples also need to figure out the process for dividing Registered Retirement Savings Plans as well. When figuring the approximate worth of an RRSP, each is given a notional tax, taking into account an estimate of the retirement tax bracket of the holder. Income from an RRSP will be taxed as money is withdrawn. An actuary may need to come up with those figures.

Each divorce is different, and so each financial plan for a divorce will be unique as well. There is not just one way to split assets. Division of property can be complicated. In addition to enlisting the aid of a financial planner, it may be wise to get the advice of an attorney in British Columbia who is experienced in family law. He or she will be able to answer any questions regarding the legalities of a divorce situation as it pertains to finances.

Source: cbc.ca, “Divorce: splitting your assets means rethinking retirement plan – CBC News,” Accessed on Sept. 23, 2017

Lawyers in Coquitlam

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

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Canada Revenue Agency may require child custody proof in Canada https://www.laughlinlaw.ca/blog/2017/09/canada-revenue-agency-may-require-child-custody-proof-in-canada.shtml Mon, 18 Sep 2017 22:07:10 +0000 https://laughlinlaw.ca/?p=355 On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, September 18, 2017. 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 […]

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, September 18, 2017.

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“.

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Child support issues when one parent lives outside B.C. https://www.laughlinlaw.ca/blog/2017/09/child-support-issues-when-one-parent-lives-outside-bc.shtml Tue, 12 Sep 2017 20:54:14 +0000 https://laughlinlaw.ca/?p=282 On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, September 12, 2017. Getting a court order for child support when a former spouse is living outside the province or even outside the country was once a tricky situation. However, British Columbia now has agreements with all provinces and territories. Agreements […]

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Getting a court order for child support when a former spouse is living outside the province or even outside the country was once a tricky situation. However, British Columbia now has agreements with all provinces and territories. Agreements also exist with several other nations that will honor child support and spousal support arrangements fashioned in the region.

The province wanted to make sure both parties involved in the process were treated fairly and that, if needed, both people could present any evidence before the order was entered. The former process could be long and arduous. So, B.C. provincial and supreme court judges discussed the matter with the provincial Ministry of Justice, which culminated in a new way of doing things — the Interjurisdictional Support Order Act (ISO).

Lawyers in the process, appearing as a “friend of the court,” should be at the ready if the case goes to trial. However, lawyers, except for Surrey and Vancouver Robson Provincial Courts, appear by video or can phone in. Standard forms are also now available to help in the timely preparation of any child support orders.

The average decision time on an application has been reduced from more than 20 to 9.3 months. Not one form has been put off without a set date since the new process has been in place. The process continues to be evaluated.

British Columbia residents who experience child support issues would do well with the guidance and experience of a family law lawyer. He or she knows the ins and outs of the process in place regarding the legalities of child support. A lawyer will be able to offer solid advice on how to address any issues.

Source: provincial court.bc.ca, “Dealing with child support issues when one parent lives outside BC,” Accessed on Sept. 11, 2017

Lawyer Coquitlam

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

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Divorce mediation: Transforming parenting roles during divorce https://www.laughlinlaw.ca/blog/2017/09/divorce-mediation-transforming-parenting-roles-during-divorce.shtml Mon, 04 Sep 2017 22:08:05 +0000 https://laughlinlaw.ca/?p=358 On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, September 4, 2017. 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. […]

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, September 4, 2017.

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

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Child poverty in Canada has child support connection https://www.laughlinlaw.ca/blog/2017/08/child-poverty-in-canada-has-child-support-connection.shtml Mon, 28 Aug 2017 20:55:39 +0000 https://laughlinlaw.ca/?p=285 On behalf of Laughlin & Company Lawyers & Attorneys Mediators posted in Child Support on Monday, August 28, 2017. 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 […]

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On behalf of Laughlin & Company Lawyers & Attorneys Mediators posted in Child Support on Monday, August 28, 2017.

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

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Child custody: Indigenous heritage not only factor in B.C. https://www.laughlinlaw.ca/blog/2017/08/child-custody-indigenous-heritage-not-only-factor-in-bc.shtml Tue, 22 Aug 2017 22:09:26 +0000 https://laughlinlaw.ca/?p=361 On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, August 22, 2017. Although a child’s aboriginal heritage should be considered during the adoption process, it is not the only factor when deciding on the best interests of the child, according to the British Columbia Court of Appeal. Several things come […]

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Although a child’s aboriginal heritage should be considered during the adoption process, it is not the only factor when deciding on the best interests of the child, according to the British Columbia Court of Appeal. Several things come into play when deciding child custody in British Columbia, including the emotional well-being of the child. Some weight should be given when the child in question is of First Nations, Metis or Inuit heritage; however, it does not take precedence over other issues.

In a recent ruling on one particular case, the court indicated that a child who has a strong emotional bond with his or her adoptive family and siblings in that family dynamic — regardless of heritage — would likely be harmed emotionally if removed from the family. In this case, it was clear the child knew about his band and First Nation and is proud to be of Aboriginal descent. An appeals court judge indicated that the Aboriginal heritage of a child doesn’t attract “super weight” over other issues when considering an adoption order.

A court will look at many things when determining child custody. A British Columbia lawyer experienced in family law should be consulted in any adoptive process. A lawyer can use his or her extensive legal knowledge to provide clients with the best advice to help them achieve the desired results for their family law needs.

Most family law cases in British Columbia that divorce lawyers deal with aren’t straightforward, and many factors can weigh into a ruling, especially with adoption and child custody. Working with a lawyer will reduce the risk of surprises at a hearing. In addition to providing legal advice, a lawyer will also be able to direct clients to therapists, social workers and others who may be able to help.

Lawyers Port Coquitlam

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

Source: theglobeandmail.com, “Indigenous heritage not a trump card in child adoption, B.C. court rules“, Laura Kane, Aug. 8, 2017

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Death of man paying child support leads to complex court case https://www.laughlinlaw.ca/blog/2017/08/death-of-man-paying-child-support-leads-to-complex-court-case.shtml Sun, 13 Aug 2017 20:56:40 +0000 https://laughlinlaw.ca/?p=288 On behalf of Laughlin & Company Lawyers, Mediators posted Child Support on Sunday, August 13, 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 […]

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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

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The why’s of divorce mediation in British Columbia https://www.laughlinlaw.ca/blog/2017/08/the-whys-of-divorce-mediation-in-british-columbia.shtml Mon, 07 Aug 2017 22:10:58 +0000 https://laughlinlaw.ca/?p=364 On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, August 7, 2017. There are few things more heated in a family dynamic as discussing an impending divorce. British Columbia couples who are separating — especially when there are children involved — might do well to seriously consider divorce mediation. Solving […]

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There are few things more heated in a family dynamic as discussing an impending divorce. British Columbia couples who are separating — especially when there are children involved — might do well to seriously consider divorce mediation. Solving issues peaceably is emotionally healthier for everyone involved.

Mediation may be less expensive and less stressful than going to court. The divorce mediation process will help both individuals learn how to best resolve contentious issues in positive, constructive ways. Mediation is also an informal, private process, which is conducive to constructive problem-solving. A licensed mediator will work with each party to iron out issues while still considering the needs of both people.

Essentially, there are three types of mediation: civil lawsuit, family and child protection. Once the couple agrees on issues, the mediator will help them put pen to paper regarding their agreements. Any agreements made under these umbrellas are legally binding and are viable alternatives to going to court. Mediation addresses all kinds of disputes.

Mediation not only helps to find solutions to issues not initially agreed upon, but it empowers each individual with negotiation skills. It may also give each party the skills to be able to maturely discuss issues in the future regarding any children they have. Once soon-to-be-former couple understands the legalities surrounding these issues, they will be more apt to make joint decisions rather than having their fate decided by a judge.

Even though divorce mediation in British Columbia avoids the litigation process, individuals have the right to get a divorce lawyer experienced in family law to give them valuable advice and guidance throughout the mediation process. A lawyer will make sure any settlement agreement complies with British Columbia’s family laws. He or she will present any accepted agreement to the court to be approved.

Coquitlam Divorce Lawyer

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

Source: mediatebc.com, “Mediate BC Why Choose Mediation?“, Accessed on Aug. 4, 2017

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Complete disclosure essential to high-asset divorce in B.C. https://www.laughlinlaw.ca/blog/2017/07/complete-disclosure-essential-to-high-asset-divorce-in-bc.shtml Mon, 31 Jul 2017 22:14:49 +0000 https://laughlinlaw.ca/?p=370 On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, July 31, 2017. Sometimes, even being high school sweethearts and launching a home-based business together is no guarantee against the eventuality of a divorce. Divorce is one of the most challenging transitions in life, carrying in its wake the dismantling […]

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Sometimes, even being high school sweethearts and launching a home-based business together is no guarantee against the eventuality of a divorce. Divorce is one of the most challenging transitions in life, carrying in its wake the dismantling of a simple, shared lifestyle. In a high-asset divorce, it can happen that the securing and management of finances have been taken for granted on the part of one spouse or even both.

When this is the case, it is crucial to ensure that a family law practitioner experienced in complete and thorough assets discovery is available to assist. Shared finances in high-asset divorce cases in which spouses have teamed together towards acquiring all the more beautiful things in life can be complicated. As couples in British Columbia and elsewhere may discover, when it comes to complete disclosure, it does not love that wears thin, but patience.

In a recent high-asset divorce case that fanned across the Canadian media, a billionaire blindsided all attempts towards complete disclosure of the couple’s monies and holdings, which apparently spanned continents. Offshore accounts, laddered profit-sharing, and reliable financial records made access fraught with difficulty. His long-time spouse was shocked that the man she had met and fallen in love with in high school adamantly refused to share any of their joint assets with her.

Her patience sorely tried, the Edmonton-born wife sought and received the assistance of a family law practitioner who swiftly proceeded to close the knowledge gaps in the family’s finances. The resourcefulness and quick action required to remedy a high-asset divorce in which one partner risks becoming disentitled are likely only available by securing legal counsel. While not all high-asset divorces feature such lurid details, this case serves as a cautionary tale to all British Columbia couples considering a good separation of highly valued, shared assets.

Source: National Post, “Exclusive: This man went to jail rather than pay his ex-wife $10 million in epic divorce battle“, Adrian Humphreys, July 21, 2017

Lawyers Coquitlam

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

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