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RCMP officer convicted for faking paternity test sentenced

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

A 37-year-old British Columbia man was sentenced to jail on July 17 after he was convicted for fabricating evidence by having another person take a paternity test for him. According to the report, the man, who is an RCMP officer, reportedly had another officer take the paternity test in July 2013.

The man reportedly had an affair with a woman in April 2009 that resulted in the birth of a daughter in July 2010. The woman was reportedly paying for her daughter’s expenses when she lost her job two years later. She applied for assistance from the ministry, which then sought to recover the cost of the child support from the man in May 2013. The man allegedly made two appointments at a clinic to take the paternity test but did not show.

In July 2013, the man was accused of asking his fellow RCMP officer to take the test for him. The other man agreed, and he went to the clinic on July 19, 2013, to take the test where a photograph was taken. When the test came back negative, the ministry went after the accused man. Since then, the accused man has reportedly paid back the cost of the paternity test and was making attempts to repay the child support that he owed.

Non-custodial parents may be responsible for making Former Vancouver Island Mountie sentenced for trying to fake paternity test”, Louise Dickson, July 18, 2014

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

No child support for mother who took child abroad

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, May 29, 2014.

The Court of Appeals in British Columbia ruled that a man whose former wife took their daughter to Italy nearly five years ago does not have to pay back child support of more than $32,000. A lower court had already reached the same conclusion in June 2013, but the mother appealed.

The new court decision ruled that being returned to her father’s custody was in the child’s best interest. In the absence of this compliance, the demand for child supportwas not considered valid. One judge did write a dissenting opinion in which he said that the Supreme Court of Canada should consider the case due to a lack of evidence regarding an earlier order that cancelled child support. However, the prevailing opinion considered the change of circumstances when the child was taken to Italy reason enough to end the support.

The couple married in 2006, had the child in 2007 and soon separated. Following several years of various custody orders, the father was granted specific dates for unsupervised access in 2009. A month later, the mother took the child to Italy. A contempt order and an arrest warrant were then issued, and in 2010, the father was given custody. The mother now has the option of attempting to recoup the child support through an Italian court.

This case demonstrates some of the potential complications of child custody and support. These issues are made even more complex when there is an international element and a possibility that a child might be taken overseas. Parents working out custody agreements may wish to consult a lawyer to ensure the best possible outcome for the child.

Source: The Gazette, “Woman who took child to Italy loses child support appeal in B.C.’s top court”, Keven Drews, May 27, 2014

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

Protests shine a light on income assistance clawback issues

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Monday, May 19, 2014.

A group in British Columbia is attempting to combat a policy that takes back income assistance from some mothers. In New Westminster, they marched in protest against these policies, which they claim are damaging children’s health. Mother’s Day was the day when Acorn Canada chose to lead the protest march involving dozens and a Poverty Potluck meal in order to combat crown clawbacks from income assistance programs.

The clawbacks subtract from income or disability payments when the receiver also receives income from another source. For instance, one mother reportedly receives $300 in child support, which is then deducted from her $1,200 monthly income assistance. This, they argue, is preventing single mothers from providing proper nutrition for their children. Some, reports indicate, use the monthly Poverty Potluck meals as a necessary part of their children’s nutrition. The stated purpose of the meals, however, is to shed light on the unhealthy food that children are forced to eat due to the clawbacks.

One crown representative said that, while he sympathizes with the difficulty felt by the single mothers, the assistance programs are meant to be a last resort. This means that single mothers are expected to seek income from any other source to offset government assistance. However, a representative from Acorn stressed that those who grow up without proper nutrition are more likely to develop various physical and emotional ailments. These include diabetes, food allergies and developmental issues.

While issues remain regarding income assistance, many single mothers are relying on child support payments to take care of everyday expenses for their children. A family law lawyer could help when an ex-spouse responsible for child support has delinquent payments or wishes to seek a child support modification.

Source: Global News, “Low-income activists protest government clawbacks to child support in B.C.“, Darlene Heidemann, May 11, 2014

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

Advocates call for change in BC child support policy

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, April 18, 2014.

Leading lawyers and advocates for single parents have joined the New Democratic Party in criticizing the British Columbia government’s policy of reducing the income assistance and disability benefits of parents who receive child support. Under the current system, a dollar-for-dollar deduction is made from these benefits when the recipient receives child support from an ex-partner. The policy allowed the province to cut the amount of benefits paid out by $17 million in 2013.

Lawyers from the Community Legal Assistance Society and West Coast LEAF say that the practice places undue hardship on struggling families and impacts the lives of children. They point out that social assistance payments have not been raised since 2007 and that not all additional income is treated equally by the authorities. Families receiving assistance can earn up to $200 per month from employment without impacting their benefits. The exemption rises to $800 per month for individuals on disability assistance.

Christy Clark, the Premier of the province, takes a different view. She contends that the policy saves taxpayers money in a “difficult” financial climate. Clark added that assistance payments were designed to provide only what is necessary for families to make ends meet rather than a way to “top up” other sources of income. However, she did suggest that the social assistance rates may be raised in the future when financial constraints are not so severe.

Negotiating child support arrangements can be a frustrating and emotionally draining process for parents, and they may be revisited periodically as financial situations evolve. A lawyer with experience in family law may be able to help parents come to an amicable agreement that puts a priority on the best interests of the child. The lawyer could also assist parents who are not receiving agreed-upon child support payments from a former spouse.

Source: Times Colonist, “B.C.’s child-support clawback violates rights, lawyers say“, Lindsay Kines, April 11, 2014

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

American man unhappy about his Canadian child support payments

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, April 11, 2014.

A man who lived with his family in Canada for several years before getting a divorce and then moving back to the United States is unhappy about a difference in Canadian child support laws that could result in him making payments for far longer than he thought he would have to. Unlike in British Columbia, child support payments typically end in most states in the U.S. when the child reaches the age of 18.

After faithfully making child support payments for 15 years, he stopped making his $300 monthly payments after his son and daughter became adults. However, he soon realized his error when he received a letter from a state agency notifying him that he owed his ex-wife almost $3000 in back child support payments. The man says that he has inquired about the costs of returning to court to have the child support payments ended, but has been told that the likelihood of having the payments ended remains uncertain. Although his 20-year-old daughter does still live at home with his ex-wife, his 22-year-old son has moved out and is attending college.

Even though the man is a citizen of the United States, the Uniform Interstate Family Support Act ensures that the participating countries honor the legal decisions made in other partner countries in the event of a dispute. In addition to the ongoing cost of paying child support for his adult children, the father indicated that the temporarily unpaid child support also negatively impacted his credit.

Dealing with complex issues like child custody can be made even more difficult when the two parties no longer reside in the same country. A lawyer may be able to help a client negotiate a more agreeable arrangement.

Source: Rapid City Journal, “Pierre man protests paying perpetual child support“, Joe O’Sullivan, April 05, 2014

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

Clawback provisions part of assistance cheques

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, April 3, 2014.

According to Statistics Canada, approximately 49.8 per cent of British Columbia children who are below the poverty line live in a single-parent home. Many of these families must rely on an assistance cheque from the government. Although this assistance is very limited, under current laws, whatever amount of child support that the non-custodial parent pays is taken out of these cheques. Some advocates are opposed to this idea because they believe that the support should go to the children, rather than back to the government.

Some child and youth advocates believe that child support is intended to provide for the children’s well-being rather than as income support for the parents, so clawing it back is tantamount to stealing from the children.

The support that individuals who receive assistance cheques is already extremely limited. For example, families with one child get about $955 a month in assistance, including $570 for housing. If there are six or more children in the household, the family gets just over $1,195, which includes $820 for rent. This is the maximum that any family can receive, and the rates have not been modified in the last seven years in spite of the increase in the cost of living.

In 2002, custodial parents could keep up to $100 a month in child support. Now, this money is clawed back. Advocates argue that the system creates a disincentive for individuals to pay their support obligations because they know the money is going to the state and not their children.

Additionally, the laws require custodial parents to assign their rights to the government to collect child support for their children. Then, they have to assign rights to enforcement, which can put parents in danger if they have fled abusive relationships. Last year alone, $18.4 million was clawed back from assistance cheques.

Individuals who are not receiving child support from a noncustodial parent or who are having difficulty paying because of tight funds could consult with a family law lawyer. Through this action, individuals may learn about their rights and options regarding support.

Source: The Vancouver Sun, “Daphne Bramham: Is clawing back child support good policy or just mean-spirited?“, Daphne Bramham, March 31, 2014

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