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Child custody and co-parenting issues: A tough challenge

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A mother with custody of her child.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, May 3, 2017.

Regardless of how amicable a divorce is, most British Columbia parents will find it tough to navigate co-parenting without difficulties. Divorced parents may keep in mind that they will be ex-spouses once the divorce and child custody issues are decided, but they will never be ex-parents. Children will likely need more proof of love and support of both parents after a divorce, even if only to reassure them that they did not bring about the divorce.

Except in circumstances of domestic violence or abuse, the continued relationships between children and parents will play important roles in their abilities to develop into well-adjusted adults. In many cases, it will also affect the way children treat their families when they grow up. This may all be easier said than done because the frustrations and problems that led to the divorce do not just disappear when the divorce is final.

Co-parenting may be more challenging after divorce because it is not uncommon for feelings of vengeance or reprisal to sneak up and take over from time to time. It may also be a challenge to accept that the children will spend time with an ex and his or her new love. The trick may be to focus on the children rather than on what happened in the past and even what the spouse does now. Taking care of the stability and security of the children may help to keep things on an even keel.

If co-parenting and child custody rights become more problematic, a consultation with an experienced British Columbia family law lawyer, like Laughlin Family Attorneys may be in order. Such professionals are not only available for litigation — they can also provide valuable advice and guidance. A lawyer could also arrange the services of a qualified family law mediator to facilitate communication and compromise between divorced parents to reach parenting agreements that will be in the best interests of their children.

Source: helpguide.org, “Co-Parenting Tips for Divorced Parents“, Accessed on April 27, 2017

Lawyers in Port Coquitlam

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

Disagreements about money not limited to a high-asset divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Tuesday, April 18, 2017.

Disagreements related to finances cause a significant number of marital problems in British Columbia. Regardless of whether it is a high-asset divorce or a middle-income couple’s divorce, money often brings contempt. It has been suggested that many couples go for marriage counseling when financial counseling is what they really need.

The importance of having a money talk before the wedding is often emphasized. Not doing so could lead to disastrous consequences for couples with markedly different ideas about financial management. Some understanding and compromise will be necessary when two people from different socioeconomic backgrounds come together to share one budget. One may be a big spender while the other partner might have lived a life of saving and strict budgets.

Some advisors suggest that couples may do well to share the financial responsibilities and work together when budgeting and balancing finances to avoid any mistrust if only one spouse takes responsibility for managing family finances. Furthermore, many advise that a bank account for household expenses and other mutual financial obligations should be shared. It is often said that most financial problems in marriages stem from the lack of continuous open discussions about finances that ultimately lead to suspicion and doubt.

It is therefore not surprising that many divorces in British Columbia involve allegations of hidden assets by one of the spouses — especially if it is a high-asset divorce. The answer to such a situation would be to secure the services of an experienced legal aid attorney whose skills include the ability to seek and identify hidden assets. The attorney can protect the rights of his or her client and work to secure a fair and lasting divorce settlement.

Source: kiplinger.com, “5 Signs Couples Need Money Counseling“, Ash Toumayants, Accessed on April 14, 2017

Lawyer in Port Coquitlam

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

Even if division of property seems equal, it may not be

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, April 12, 2017.

Along with the emotional toll a divorce can take on British Columbia couples, the financial consequences can be devastating — often for both parties. The economic impact typically starts when the couple separates and less income is available to meet household expenses. While additional accommodations for one spouse will be required, it will come along with the attendant housing and utility costs. This situation can already start draining funds that may have been intended for retirement, education and more — only to be exacerbated by the division of property as divorce proceedings move forward.

Keeping emotions under control is difficult but necessary. It is important to focus on the issues, particularly those that may affect the post-divorce financial stability of each spouse. The type of assets allocated during the property division process may seem an equal portion of the whole, but some might be illiquid assets that are difficult to sell if the need for cash arises. The type of property may also have unfavorable tax implications; for instance, withdrawals on a tax-deferred retirement account will be taxable.

Taxation on ongoing income can also have an impact. Although the spouse who pays alimony (if applicable) is entitled to a tax deduction, the one receiving it must report the payment as income for tax purposes. These are important considerations for future tax filings.

Fortunately, help is available with these and other issues from experienced divorce lawyers who can provide the necessary support and guidance while also protecting the client’s interests. Family law lawyers in British Columbia, like us at Laughlin Family Attorneys, have resources available to assist during the division of property. These may include tax and financial advisors along with other professionals who can provide input on such matters as child custody concerns and real property issues.

Visit our office if you’re ever curious:

Lawyer in Port Coquitlam, BC

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

Source: Time, “Keep a Divorce From Killing Your Finances“, Jill Schlesinger, Accessed on April 7, 2017

How long do child support responsibilities continue?

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A child covers her ears in frustration over custody.On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, April 5, 2017.

Whenever British Columbia parents file for a divorce, both parents will be responsible for the welfare and care of the child. Regardless of whether they were in a common-law relationship or married, one parent typically has to pay child support. One of the first questions asked in such circumstances is regarding for how long child support must be paid.

Under the Family Law Act and the Divorce Act, child support must continue until a child turns 19 years old. Also, if the child is disabled or has an illness that prevents him or her from caring for themselves, the parent must continue to pay child support. Another situation in which a parent must provide for a child’s board, room and basic necessities of life even after his or her 19th birthday is when the child is studying at an accredited institution such as a technical college, university or college.

There are exceptions to these laws, and an unemployed child older than 19 years who continues to live in the home of the custodial parent may not necessarily be taken off child support. The court will consider the circumstances. If a child is not gainfully employed because he or she has not bothered to find a job, the court may order an end to child support. On the other hand, if the parent lives in an area known for high unemployment levels, ongoing child support might be ordered.

An experienced British Columbia family law child custody lawyer will be able to answer all questions about child support and other issues. If the custodial parent seeks more money, or the non-custodial parent wants a reduction due to financial hardship, a motion for child support modification can be filed. The support and guidance of the lawyer will be available. A skilled lawyer will assess the circumstances and explain the potential remedies to enable the parent to make an informed choice about how to proceed.

Source: familylaw.lss.bc.ca, “When does child support end?“, Accessed on April 5, 2017

Lawyers Port Coquitlam, British Columbia

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

Woman admits ex not the father — judge waives child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, March 22, 2017.

In British Columbia, child support obligations are not necessarily determined by paternity. A person whose name is on the birth certificate, who had taken care of a child as his own, can be assumed the father and held responsible for child support. However, in an unusual ruling, a British Columbia Superior Court judge recently declared a man free of any child support obligations.

A report indicates that a child was born after a couple had been married for three years. The man automatically accepted that he was the child’s father and cared for the boy. Three years later, under unknown circumstances, the husband learned that somebody else was the child’s father. The couple separated and, a year later, DNA testing confirmed that fact.

After another 15 months, the couple divorced, and the mother left their home province to relocate to British Columbia, telling the court she did not want child support because her ex-did not father the child. Reportedly, since their divorce in Sept. 2014, the couple had no contact — until Feb. last year when the mother suddenly demanded child support. She claimed the man acted as the child’s father until their divorce, but the man claimed to have had no contact since shortly after they separated.

The British Columbia Supreme Court judge ruled that it would be grossly unfair to order the father to pay child support after the essential misrepresentation of the facts by the mother. Any person in British Columbia who faces a similar problem may find answers and support by consulting with an experienced family law lawyer. Skilled legal counsel can assess the problem, suggest potential remedies and provide the necessary guidance throughout any legal proceedings.

Source: nationalpost.com, “B.C. woman who concealed her ex-husband was not the father of her son loses child support bid“, Keith Fraser, March 15, 2017

Need your family law questions answered free? Us at Laughlin Law can help you today! Call (604) 945-4370 for your free consultation.

Port Coquitlam, BC Lawyers

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

Child custody may be best negotiated with legal guidance

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Child custody and family play hand in hand.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, March 14, 2017.

In British Columbia, the legal terms related to childcare and access have changed to parenting time and parenting responsibilities. These are the components of what used to be called child custody and is now known as child guardianship. While child custody used to indicate whom the primary caregiver of a child will be after a divorce, guardianship aims to involve both parents in the post-divorce care of the children — except when such arrangements may expose the child to harm.

Most parents agree with the updated laws that give families the chance to continue parent-child relationships even after divorce. However, drafting parenting plans that will meet the schedules and needs of both parents without jeopardizing the best interests of the child can be challenging. While matters such as the responsibilities of supervision, religion, medical treatment, health care and more must be considered, all the day-to-day decisions will need to be made.

Parents may find comfort in learning that there are lawyers who focus on the family law — who know that most mothers and fathers prioritize the stability and happiness of their children. Lawyers such as those at Laughlin & Company lawyer whose paramount concern is the needs of parents and children can facilitate negotiations and discussions on that basis. This will provide a platform for parents to work out how best to arrange their time and responsibilities in relation to their children.

Some divorced parents in British Columbia have learned that a team of legal representatives such as the lawyers at Laughlin & Company understand that many family law issues need to be revisited in the future. The circumstances of parents change over time, and so do the needs of children. Many people enjoy peace of mind knowing that their legal advisors will be there in the future when child custody issues need modification, or when they need guidance and support with any other family law matters.

Port Coquitlam, BC Lawyer

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

Divorce mediation can save time and money

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Scrabble tiles with a wedding ringOn behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, March 8, 2017.

As an alternative to litigating a divorce in a British Columbia court, mediation is an effective way for divorcing spouses to resolve contentious issues. Divorce mediation is a process by which all important matters can be addressed in negotiations that are facilitated by a qualified divorce mediator. Although such a mediator could be a lawyer, he or she must be neutral and may not provide either party with legal advice.

The sole purpose of the divorce mediator will be to provide the platform and encourage peace negotiations in which both spouses can speak their minds and raise their concerns. He or she will not impose solutions but allow couples to find their own. Along with issues related to property division and child-related matters, couples may discuss any other concerning subjects. The mediator will guide couples to compromise when necessary and work toward drafting a settlement agreement.

In most cases, mediation brings to light the underlying concerns of people, and once those are understood, solutions are quickly found. Divorcing spouses that manage to find agreement and negotiate a settlement agreement on their terms often feel their newly acquired negotiation skills empowered them. It could also prepare divorced parents for child-related talks in the future.

Even though divorce mediation avoids litigation, each party is entitled to have an experienced divorce lawyer to provide valuable input and guidance during mediation. A lawyer can also ensure that the settlement agreement complies with British Columbia family laws. Once both parties have accepted and signed the agreement, it can be presented to the court for approval.

We’re local and ready to take your case:

Source: familylaw.lss.bc.ca, “Mediators:“, Accessed on March 3, 2017

Attorney Port Coquitlam

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

Bitcoin often used to conceal funds in a high-asset divorce

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A couple sits staring away from each other in a divorce case.

On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Monday, February 27, 2017.

Just like the changes that the internet has brought in which emails have replaced traditional communication methods, technology has made it possible for monetary transactions to be done without a bank or a government entity. This has created a means of hiding assets in a high\-asset divorce. However, such transactions are traceable and could adversely affect the manner in which the British Columbia court treats a deceiving spouse in a contested divorce.

Bitcoin is a virtual currency that its inventor calls a cryptocurrency, and it allows peer-to-peer transfers without third parties. Those who are in highly contentious divorces might think that Bitcoin transactions are anonymous. However, each registered user is assigned a wallet address where his or her Bitcoin funds are stored. This address consists of a number string by which forensic investigators can trace and identify the wallet owner.

During a forensic investigation, any monetary transfers that are substantial will be questioned. If it is determined that those transfers were for purchases of Bitcoin — or other cryptocurrencies such as Zcash or Monero — the court may see it as dissipating of marital assets. That person will likely not receive an equitable share of the property in the asset division process based on previous examples of family law cases.

British Columbia residents who suspect a soon-to-be former spouse of using devious ways to hide funds in a high-asset divorce may find comfort in knowing that an experienced divorce lawyer will likely have access to forensic specialists who can trace funds that are concealed. A seasoned Laughlin Law Divorce Lawyer can also provide support and guidance with other divorce-related issues. These can include the division of other marital property and matters related to child custody, child support, spousal support and more.

Source: The Huffington Post, “Hiding Assets with Bitcoin in Divorce“, David Centeno, Feb. 23, 2017

Port Coquitlam Attorney

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

Symposium promotes divorce mediation vs. litigation

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A beautiful family who don't need a family lawyer quite yet

On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, February 22, 2017.

It is reported that approximately four in every 10 marriages in Canada, including in British Columbia, end in divorce. A recent symposium was held in another province to help professionals in various fields who often have to deal with divorcing couples. These include financial advisors, real estate agents, lawyers and more. One of the goals of the organizers was to create awareness of the advantages of divorce mediation compared to litigation.

One spokesperson said, in its simplest form the problem involves couples that spend time and money to go through contentious divorce litigation to determine at what time a child should be collected from school. Although there are divorces that involve complex financial portfolios that can only be handled through litigation, she said most other cases could be resolved through divorce mediation. The spokesperson said many people do not recognize the positive effect that mediation can have on a divorced family’s future.

Litigation is always a confrontational process, and any other case — such as battling for recovery of damages after an accident — does not require the parties to have any post-litigation contact. In contrast, divorcing spouses will have divorce relationships for years following the divorce that can be jeopardized in court battles — especially if there are children involved. Divorce mediators are qualified to facilitate families and provide a non-adversarial platform where peaceful negotiation will be encouraged.

An experienced divorce lawyer in British Columbia can provide advice and guidance during divorce mediation. A divorce mediator may not provide either party with legal advice, but each spouse may have their respective legal representatives present during sessions. Lawyers can provide valuable input based on their experience with similar cases, and also ensure that the final settlement agreement complies with the applicable laws before it is presented to the court.

Source: edmontonjournal.com, “Divorce Symposium to boost alternatives to court process“, Clare Clancy, Accessed on Feb. 18, 2017

Attorney in Port Coquitlam

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

Division of property in every divorce has unique challenges

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A beautiful family who don't need a family lawyer quite yet

On behalf of Laughlin & Company, Lawyers Mediators posted Division of Property on Thursday, February 16, 2017.

Any person in British Columbia who is going through a divorce might have noticed that there is no shortage of advice from friends and family — and sometimes even from strangers. Although it is important to have the moral support of loved ones, it could make it more difficult to leave emotion at the door when negotiating the division of property. Most believe a divorce should not be tackled without professional guidance.

When building a team to provide divorce support, a financial advisor might be a valuable addition — regardless of whether the person was mostly uninvolved in handling the family finances or was in handling money matters during the marriage. Somebody who can explain every financial aspect can also help ensure the necessary original documents are gathered. Hard copies are typically required by the court. These will include tax forms as well as statements of bank accounts and brokerage firms.

Sometimes spouses try to outmaneuver each other by concealing assets. This is never a good idea because, in most cases, it can be traced back to the receiving spouse — to his or her detriment. Divorcing spouses sometimes make the mistake of continuing to live the lifestyle they had before. This can quickly lead to financial problems because there will normally only be one income to cover the same expenses as before the divorce.

When ending any marriage, it makes good sense to seek the support and guidance of an experienced British Columbia family law lawyer. Every divorce case is unique, especially when it comes to the division of property. A seasoned lawyer can protect the rights of the client throughout the proceedings, regardless of whether the divorce is negotiated directly, mediated or litigated.

Source: businessinsider.com, “7 things you should never do if you’re about to get divorced“, Emmie Martin, Feb. 8, 2017

Attorneys in Port Coquitlam

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