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Unable to pay child support? Modification can be sought

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Saturday, November 26, 2016.

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

Child support orders might need to be changed

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, October 6, 2016.

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/

Child support can be court ordered or agreed upon by parents

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, September 28, 2016.

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

Legal separations and child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, August 4, 2016.

A legal separation is an option that many people explore, either as a trial period to see if the divorce is really what they want or for other personal or financial reasons. However, it’s important to understand that a legal separation is not the same as “taking a break” or having an on-again-off-again relationship with someone.

Just like a court order for a divorce, a separation agreement must be followed or modified if need be through the proper legal channels. This is why it’s very important to understand exactly what you’re agreeing to and what you will need to do later on if there is an issue.

Because those who choose to go through a separation instead of a divorce are still legally married, there are many misconceptions about what can be done with finances. For instance, child support may still come into play even though the marriage is technically intact. This is because the parties will be maintaining separate households, which means more expenses. If child support would have been awarded in the event of a divorce, it is likely to also be a factor in the separation.

If you are interested in a legal separation but aren’t sure if it’s a viable option for your situation, it’s important to start off by talking to a lawyer about your rights, choices and expectations. This ensures that you understand the differences between the separation and a divorce, the issues unique to a separation and what you may need to do later on if you decide to completely terminate the marriage.

Family Lawyer Coquitlam

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

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

Coquitlam Divorce Lawyer

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

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

Coquitlam Law Firms

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

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
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

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/