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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

What is considered a special expense for child support?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, March 6, 2015.

British Columbia parents may be interested in some information regarding child support payments beyond those mandated by the federal child support guidelines. These expenses can cover a number of things to support the child, including medical expenses and other important costs.

While the federal child support guidelines outline a child support formula that covers a child’s everyday expenses, certain costs may be considered “special expenses” and require a separate agreement between the parents. According to the guidelines, special expenses are those beyond the basic child support that are necessary in order to support the best interests of the child and that are considered reasonable given the financial status of the parents. For this second definition, the expenses must be similar to those that were made prior to the parental separation.

Examples of reasonable special expenses include medical and dental insurance, child care expenses and extracurricular activities. Primary, secondary and post-secondary education expenses may also be considered reasonable special expenses. The parents are usually tasked with agreeing on what special expenses are allowed. The child support agreement between the parents can even anticipate special expenses that will begin at a later time in the child’s life. If the parents cannot agree on special expenses, however, they may appeal to a judge or take the dispute to a mediator or lawyer for assistance.

Due to the fact-specific nature of child support issues, this post should not be taken as legal advice. Understanding the legal aspects of child support can be difficult without the assistance of a lawyer who may be able to analyze the client’s financial situation and determine what a fair child support agreement would look like. The lawyer may then be helpful in negotiating this agreement with the other parent.

Source: Department of Justice, “The Federal Child Support Guidelines: Step-by-Step,” Accessed March 5, 2015

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

Developing a plan for co-parenting and child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, December 4, 2014.

When a couple’s relationship ends, both parents will need to decide a number of issues including co-parenting, child custody and child support arrangements. Parents in British Columbia must adhere to the child support guidelines set forth by federal law. In most cases, the amount of child support is calculated based on the number of children and the parents’ income.

After the divorce is finalized, child support and child-care related issues may continue to evolve. For example, parents’ financial circumstances may change due to a reduction in hours or a layoff. Such changes may result in the need to have child support payments modified.

If parents experience ongoing issues, including changes in parents’ visitation schedules, a parenting coordinator may be able to provide assistance. Parenting coordinators can help reduce conflicts between parents and minimize harm to children by providing a buffer between parents. In addition, a parenting coordinator can facilitate communication between parents and assist with finding workable solutions to co-parenting challenges.

Communication and planning are key to developing a fair and manageable divorce agreement, co-parenting plan and child support arrangement. Lawyers, along with mediators and parenting coordinators, can help with the process of negotiating a divorce agreement that considers the needs of all of the people involved. If both parties can come to an agreement, then the judge is likely to support the agreement and will grant the divorce. On the other hand, if the parents cannot agree, the judge may create an agreement based on standard formulas.

It can help to learn about how child support is calculated and how child custody is decided. To learn more about the subjects of family law, divorce, child support, child custody and co-parenting, please visit our webpage.

Source: Laughlin & Company , “Child Support“, December 04, 2014

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

How can child support be enforced in British Columbia?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, October 24, 2014.

Many residents of British Columbia who rely on child and spousal support use the services provided by the Family Maintenance Enforcement Program. The British Columbia Ministry of Justice established the program in 1989 for the purpose of enforcing and monitoring maintenance agreements and orders pertaining to spousal and child support payments.

The program enforces child support payments in the way similar to a third party. The program’s personnel takes action on behalf of enrolled families by overseeing child and spousal payments, making sure that they are complete and made in a timely manner. Whenever a payor misses a payment, the program’s personnel will take actions to encourage the individual to submit the payment voluntarily. Personnel will even offer the payor support in setting up an arrangement to catch up with outstanding payments. In the event the payor is not cooperative, the program’s personnel will take further steps as outlined in the provincial and federal laws to use enforcement measures, such as a wage garnishment and suspending a payor’s driver’s licence.

Moreover, payors who are behind in their payments will be charged interest that is added to the overdue amount owed to the recipient. In the instance the payor is late in making two payments or completely skips at least two payments, a default fee is added to the payor’s balance. This fee, which is in equivalent to a 30-day payment and cannot exceed $400.00, is paid to the BC government instead of the recipient.

Many British Columbia residents who are experiencing trouble obtaining spousal or child support payments retain the services of a local lawyer to help settle the matter. Since the legal aspect surrounding maintenance orders can be complex, a lawyer may be able to assist a person in determining the amount of the support that they may be eligible to receive.

Source: British Columbia Family Maintenance Enforcement Program, “What we do / How we do it“, October 23, 2014

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

What constitutes a special expense?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, October 1, 2014.

British Columbians who are involved in a divorce with children may be interested to learn about an aspect of child support called ‘special expenses.” Special expenses are large, unexpected expenses, such as extraordinary medical costs or orthodontics, that may come up while caring for a child. Because these are not everyday expenses, parents will need to come up with an agreement about how to pay for special expenses that is separate from the agreement about regular child support payments.

Unless the parents come to their own agreement, tables in the Child Support Guidelines will normally be used to determine the amount of child support a payor will owe to the custodial parent. These amounts, however, do not cover all special expenses a child may need. In addition to the regular child support payment amount, the parents or a judge will need to decide what percentage of special expenses each parent will contribute towards when they arise.

In some cases, parents will decide to split the cost of special expenses evenly. The Child Support Guidelines recommends that parents instead split the cost of these expenses in a way that is proportional to each parent’s income. Although parents likely will not know what special expenses a child will have, it may be important to reach an agreement about special expenses ahead of time.

Parents may find that a prearranged agreement about special expenses is useful to have in the event that a child requires tuition at a school that meets their developmental needs. Speaking with a lawyer may be a good way to determine what type of agreement about special expenses would most benefit the child. Because every child’s special expenses are different, the information in this blog is not meant to be confused with legal advice.

Source: The People’s Law School, “Child Support in BC“, September 29, 2014

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

Determining child support in British Columbia

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, September 12, 2014.

Child support is the financial support that a parent is obligated to provide to the other parent for a child. Individuals who have a parent-like relationship, such as a stepparent, may be obligated to provide this support whether or not a couple was married or of the same sex. Whether child support is paid and how much is to be paid can be determined by an agreement between parents or pursuant to an order from the court.

If child support is owed, the court will use child support guidelines to determine the amount that the paying parent is responsible for providing. In general, payments are decided based on the income of the parent paying support and how many children are being supported, though certain exceptions, such as the costs of daycare or special medical treatments, may alter the amount of support that someone is obligated to provide.

Once a child support order has been established, it can be modified. There are situations where it may be necessary to change the amount of support provided, either by altering an agreement already in place or through the courts. These modifications are commonly made pursuant to an increase or decrease in a parent’s income or a change in the living situation of the child.

If someone is seeking child support or to have an existing child support order modified, the process can be complex and based on a variety of factors, including the income of the parent obligated to pay support and any special circumstances. A lawyer could assist someone with these legal issues by explaining the guidelines for determining child support and how the court uses the guidelines.

Source: The Canadian Bar Association, “Child Support “, September 11, 2014

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

Child support in British Columbia: How is it determined?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, August 15, 2014.

When couples with children get a divorce, two important matters that they often have to settle are who will pay child support and what the monthly payment amount will be. Child support payments are meant to ensure that both parents of a child help cover the cost of the child’s financial needs, including food, residence, health care and education.

In British Columbia, the amount of child support that the payor provides each month is based on the Federal Child Support Guidelines and federal tables. The tables make it easy for divorcing parents to see how much child support payments are likely to be based on how many children they have and their annual gross income.

For example, a paying parent with one child and an annual gross income of $50,000 could pay $458 per month. If the annual gross income is more than $50,000, the excess is multiplied by 0.96 percent and added to the $458. In the case of an annual gross income of $50,500, for instance, the payor may owe an additional $4.80 for a total monthly payment of $462.80.

However, judges may consider lowering child support orders in certain circumstances, such as when the payor is a step-parent, when the child lives with the paying parent 40 percent of the time, if the annual gross income of one parent is more than $150,000, or if the child is 19 or older and not a full-time student.

Another consideration that could change the amount is proof from the payor that the suggested child support payment would cause undue hardship. Judges could also consider a different child support order if one parent claims extraordinary or special expenses, such as private school, post-secondary education, tutoring, child care or health care.

The idea behind child support laws is to ensure that both parents of a child share in financially caring for their offspring as they would if they lived together. It is a child’s right to receive child support, and a court is unlikely to support an agreement that one parent does not have to pay.

Source: Family Law in British Columbia, “Child support“, August 14, 2014

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